Notice for the OJ

 

Action brought on 6 August 2004 by Vassilios Tsarnavas against the Commission of the European Communities

(Case T-343/04)

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 6 August 2004 by Vassilios Tsarnavas, resident in Volos (Greece), represented by N. Lhoëst, lawyer, with an address for service in Luxembourg.

The applicant claims that the Court should:

-    annul the decision of the appeal assessor adopted on 4 August 2003, approving, without amendment, the applicant's final staff report for the period from 1 July 1997 to 30 June 1999;

-    annul the Commission's implied decision rejecting the complaint submitted by the applicant under Article 90(2) of the Staff Regulations on 30 December 2003;

-    order the Commission to pay the applicant compensation of EUR 10 000 in respect of non-material damage;

-    order the Commission to pay the costs of this action.

Pleas in law and main arguments:

The applicant challenges the appeal assessor's decision, which approves, without amendment, his staff report for the period 1997 - 1999. He also claims compensation for the non-material damage he has suffered.

The applicant puts forward the following pleas in support of his application for annulment:

-    procedural irregularities;

-    manifest error of assessment;

-    failure to state reasons;

-    misuse of powers and harassment;

As regards his claim for compensation, the applicant submits that the staff report was drawn up four years late, which is quite unacceptable. Furthermore, the applicant was subjected to harassment. For all the damage suffered, the applicant is claiming compensation which he assesses, on the basis of equity, at EUR 10 000.

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