Notice for the OJ

 

Action brought on 12 April 2002 by Gustaaf Van Dyck against the Commission of the European Communities

    (Case T-112/02)

    Language of the case: Dutch

An action against the Commission of the European Communities was brought before the Court of First Instance of the European Communities on 12 April 2002 by Gustaaf Van Dyck, residing at Wuustwezel (Belgium), represented by Matthias E. Storme and Ann Gobien, lawyers.

The applicant claims that the Court should:

(1)annul the tacit decision by which the appointing authority refused the request submitted to it by the applicant on 12 February 2001 seeking the adoption by it of a decision concerning the possible application to him of Article 31(2) of the Staff Regulations, having regard to the applicant's professional experience and training, and, in so far as may be necessary, annul the decision of 15 January 2002, drawn up in French, rejecting the applicant's complaint of 10 September 2001, and, lastly, annul the translation of that decision into Dutch, prepared on 18 February 2002;

(2)order the Commission to adopt all measures necessary to implement the judgment to be delivered in the present case;

(3)order the Commission to pay all the costs.

Pleas in law and main arguments:

In support of his claim, the applicant pleads infringement of Article 31(2) of the Staff Regulations. According to the applicant, no decision has to date been adopted in respect of his request that Article 31(2) of the Staff Regulations be applied in his case. The applicant further pleads infringement of the duty to have regard for the welfare and interests of officials, of the obligation to provide an adequate statement of reasons and of the principle of proper administration.

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