Notice for the OJ

 

Action brought on 27 September 2002 by Renaud Denuit against Commission of the European Communities

    (Case T-306/02)

    (Language of the case: French)

An action against the Commission of the European Communities was brought before the Court of First Instance of the European Communities on 27 September 2002 by Renaud Denuit, residing in Brussels, represented by Albert Coolen, Jean-Noël Louis and Etienne Marchal, avocats.

The applicant claims that the Court should:

(annul the decision of 26 November 2001 of the Secretary General of the Commission, David O'Sullivan, to assign the applicant as adviser ad personam in the SG/F/1 Unit "Institutional development of the Union and Governance" and that of 19 February 2002 to assign him, following the reorganisation of the Secretariat General of the Commission, to SG/TF/AU 2;

(annul the decisions of the Commission rejecting his application for the post of A 3 heads of unit in SG/B/2 "Openness, access to documents, relations with civil society" and appointing another person to that post;

(order the defendant to pay the costs.

Pleas in law and main arguments

The applicant, an official in Grade A 4 at the Commission, claims that it was unlawful for him not to have been appointed, as a priority, to the first vacant post as head of unit for which he was qualified. Furthermore, the applicant was unlawfully assigned, as adviser ad personam, to Unit SG/f.1 and, subsequently, to Unit SG/TF-AU 2. He claims that the duties carried out at present by the him since the adoption of the contested decisions do no correspond to the duties usually carried out by an official in Grade A 4.

In support of his claim he alleges:

(breach of redeployment procedure;

(breach of the procedure for filling vacant posts at middle-management level;

(breach of the principle that officials should have reasonable career prospects;

(infringement of Article 45 of the Staff Regulations;

(manifest error of assessment;

(breach of the obligation to state the reasons on which decisions are based.

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