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17.9.

2005 EN Official Journal of the European Union C 229/25

Pleas in law and main arguments 3. hold the European Community non-contractually liable on
account of the contested decision and the drawing up of the
applicant's Career Development Report;

The applicant contests the Commission's decision to recruit


him at Grade B*4 instead of B3 (B*7) as stated in the Commis- 4. award the applicant compensation in the amount of
sion's initial offer of recruitment. He relies on infringement of EUR 250 000 for damage suffered;
pacta sunt servanda, the Commission having unilaterally altered
an essential component of his contract of employment. 5. order the Commission to pay the costs.

The applicant also claims infringement of the principles of


Pleas in law and main arguments
equal treatment, non-discrimination, and the protection of
legitimate expectations, and an infringement of the call for
applications.
The applicant, an official at the Commission, claims to be a
victim of bullying by her superiors which consisted of isolating
her professionally, discrediting her and damaging her health by
psychologically destabilising her.

By these proceedings she challenges, first, the Commission's


implied refusal of her request for assistance and protection
Action brought on 4 July 2005 by Q against the Commis- from bullying pursuant to Article 24 of the Staff Regulations
sion of the European Communities and, second, her Career Development Report for the period
from 1 January 2003 to 31 December 2003.

(Case T-252/05) The applicant also claims an infringement of Article 24 of the


Staff Regulations, together with infringement of the duty to
render assistance, the duty of sound administration and the
duty to pay due regard to the welfare of employees.
(2005/C 229/55)

As regards the Career Development Report, she claims manifest


errors of assessment and an infringement of procedural rules.
(Language of the case: French)

An action against the Commission of the European Commu-


nities was brought before the Court of First Instance of the
European Communities on 4 July 2005 by Q, residing in Brus-
sels, represented by Stéphane Rodrigues and Yola Minatchy, Action brought on 4 July 2005 by José Fernandez Tunon
lawyers. against the Commission of the European Communities

The applicant claims that the Court should: (Case T-253/05)

1. to the extent necessary, annul the decision of 29 March (2005/C 229/56)


2005 by which the Commission dismissed the applicant's
complaint, brought on 29 November 2004, against the its
implied refusals of the request of 29 April 2004, pursuant
to Article 24 of the Staff Regulations, for assistance and (Language of the case: French)
protection from bullying and claim for damages, and the
requests for the adoption of immediate preventive measures
of 7 May 2004 and 24 May 2004;

An action against the Commission of the European Commu-


2. annul the Commission's decision of 4 May 2005 in reply to nities was brought before the Court of First Instance of the
the applicant's claim of 20 December 2004 and the Career European Communities on 4 July 2005 by José Fernandez
Development Report in respect of the applicant for the Tunon, resident in Beersel (Belgium), represented Lucas Vogel,
period from 1 January 2003 to 31 December 2003; lawyer.
C 229/26 EN Official Journal of the European Union 17.9.2005

The applicant claims that the Court should: — infringement of the principle of non-discrimination, in that,
because of the contested decision, the applicant has been
required to perform the same functions as those to which
— annul the decision adopted by the Authority Responsible he been assigned earlier, for much lower remuneration and
for Concluding Contracts of Employment on 21 March in a context of total uncertainty, whereas identical functions
2005 (notified on 22 March 2005 and received on 24 are performed within the Commission by Community offi-
March 2005) by which it dismissed the applicant's applica- cials enjoying the benefits of the Staff Regulations, a high
tion of 23 November 2004, reclassified as a claim, against degree of security of employment and considerably higher
the decision fixing the grade and remuneration determined remuneration.
for the applicant in his capacity as contract staff under the
terms of the contract signed on 23 August 2004;

— in so far as necessary, annul also the original decision, by


which the grade and remuneration were fixed for the appli-
cant in his capacity as contract staff under the terms of the
contract signed on 23 August 2004; Action brought on 6 July 2005 by Fachvereinigung Mine-
ralfaserindustrie e.V. Deutsche Gruppe der EURIMA —
European Insulation Manufacturers Association against the
Commission of the European Communities
— order the defendant to pay EUR 25 000 by way of
damages, subject to an increase or decrease or further speci-
fications;
(Case T-254/05)

— order the defendant to pay the costs.


(2005/C 229/57)

Pleas in law and main arguments (Language of the case: German)

The applicant, formerly of the auxiliary staff (Category D,


Group VIII, Grade 4) who, following his appointment as a An action against the Commission of the European Commu-
member of the contract staff, had his remuneration reduced nities was brought before the Court of First Instance of the
whilst his duties remained unchanged, challenges the decision European Communities on 6 July 2005 by Fachvereinigung
of the administrative authority fixing his grade and remunera- Mineralfaserindustrie e.V. Deutsche Gruppe der EURIMA —
tion as a member of the contract staff, in Function Group I, European Insulation Manufacturers, Düsseldorf (Germany),
grade 1, step 1. represented by T. Schmidt-Kötters, lawyer.

The applicant claims that the Court should:


The applicant puts forward the following pleas in law in
support of his application:
— annul the Commission's decision of 11 February 2005 on
State aid N 260b/2004 — Germany — Extension of the
— infringement of Articles 3a(1)(a) and Article 80(2) and (3) support programme on insulating material from renewable
of the Staff Regulations of Officials and the Conditions of raw materials (State aid N 694/2002 — Germany);
Employment of Other Servants of the European Commu-
nities (CEOS) and a manifest error of assessment in that the
applicant, at the time of his appointment as a member of — order the Commission to pay the costs of the proceedings.
the contract staff, was graded in a function group which is
not commensurate with the description of his qualifications
or the actual tasks to which he is assigned;
Pleas in law and main arguments

— infringement of Article 80(3) of the CEOS in the procedure


followed to select posts likely to be filled by contract staff
and to define the function groups to which those posts The applicant objects to the Commission's decision of 11
would be assigned, in that that work was carried out by a February 2005 in Case C(2005) 379 on State aid N 260/b/
task force, the composition and method of operation of 2004 — Germany. In the contested decision the Commission
which have not been disclosed and cannot be verified, considered the extension of the support programme on insu-
whereas the Staff Regulations require that the Staff Regula- lating material from renewable raw materials (State aid N 694/
tions Committee be consulted; 2002) to be compatible with the EC Treaty.