Notice for the OJ

 

Action brought on 13 January 2003 by Albano Ferrer de Moncada against Commission of the European Communities

    (Case T-16/03)

    (Language of the case: French)

An action against Commission of the European Communities was brought before the Court of First Instance of the European Communities on 13 January 2003 by Albano Ferrer de Moncada, residing in Luxembourg, represented by Georges Vandersanden, Laure Levi and Aurore Finchelstein, lawyers.

The applicant claims that the Court should:

(annul his staff report for the reference period 1995/1997;

(award EUR 1 000 by way of damages as compensation for non-material damage, that amount being fixed ex aequo et bono;

(order the defendant to pay the costs.

Pleas in law and main arguments

By his action the applicant, an official of the Commission, challenges the validity of his staff report for the period 1995-1997 and claims damages for the faults allegedly committed by the Commission in preparing that report.

He claims that the report infringes Article 43 of the Staff Regulations and the provisions of the Guide to Staff Reports. Thus, notwithstanding the opinion of the Joint Committee on Staff Reports pointing out significant procedural and substantive irregularities, the appeal assessor did not find it necessary to correct them. In addition, that the report was completed after an unreasonable period of time was the Commission's fault alone. Similarly, the assessors systematically refused to hold a prior interview with the applicant as provided for by the Guide to Staff Reports. Furthermore, the quite irregular drafting of the report reflected a more general "mobbing" attitude from which the applicant had suffered for some years.

The applicant claims that the very negative assessments in his report are clearly unfounded and that the Commission has failed in its duty to have regard for the interests of officials and has failed to observe the principle of sound administration.

____________