Action brought on 10 March 2006 - Lofaro v Commission

(Case F-27/06)

Language of the case: French


Applicant: Alessandro Lofaro (Brussels, Belgium) (represented by: J.-L. Laffineur, lawyer)

Defendant: Commission of the European Communities

Form of order sought

Annulment of the decision of 6 June 2005 to extend the applicant's probationary period by 6 months, of the decision of 28 September 2005 to dismiss him at the end of that period, and of the reports at the expiry of the probationary periods on which those two decisions are based;

So far as necessary, annulment of the decision of the authority authorised to conclude contracts of employment (AACC) of 23 November 2005 rejecting the applicant's complaint;

An order that the defendant is to pay the applicant, as compensation for the loss suffered, damages assessed on equitable grounds at EUR 85 473 for material loss and EUR 50 000 for non-material loss, such amounts to be increased or reduced as appropriate during the proceedings;

An order that the Commission of the European Communities is to pay the costs.

Pleas in law and main arguments

The applicant, a former temporary agent at the Commission, was employed from 16 September 2004 until 15 September 2009 under a contract which provided for a probationary period of 6 months, in accordance with Article 14 of the Conditions of Employment of Other Servants. Following an initial negative evaluation report, an extension of the probationary period by six months and a second negative evaluation report, the defendant ended that contract.

In his application, the applicant submits that the defendant made manifest errors of assessment. It is likewise alleged to have infringed the general principles which safeguard the right to dignity and to a defence and to have made superfluous critical comments.