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Document C2004/217/59

    Case T-249/04: Action brought on 21 June 2004 by Philippe Combescot against the Commission of the European Communities

    OJ C 217, 28.8.2004, p. 33–33 (ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV)

    28.8.2004   

    EN

    Official Journal of the European Union

    C 217/33

    Action brought on 21 June 2004 by Philippe Combescot against the Commission of the European Communities

    (Case T-249/04)

    (2004/C 217/59)

    Language of the case: Italian

    An action against the Commission of the European Communities was brought before the Court of First Instance of the European Communities on 21 June 2004 by Philippe Combescot, represented by Alberto Maritati and Viola Messa, lawyers.

    The applicant claims that the Court should:

    —

    declare that the conduct of Mr Combescot's superiors and its effect on his professional life, career and therefore on his state of health is absolutely unlawful and, in consequence recognise the right to assistance laid down by Article 24 of the Staff Regulations;

    —

    declare the career development report (CDR) to be unlawful as a result of the serious and irremediable enmity between the applicant and his hierarchical superior;

    —

    recognise Mr Cambescot's entitlement to compensation for loss sustained, both for non-material damage and in respect of his professional life and career, to be assessed in a sum not less than EUR 1 000.

    Pleas in law and main arguments:

    The applicant in the present case alleges that he suffered as a result of the conduct of his immediate hierarchical superior in the form of threats, intimidation and personal and professional humiliation during the period in which the applicant was a resident adviser to the Commission's Delegation to Guatemala. The conduct in question amounted to discrimination which damaged his professional life and had serious effects on his state of health.

    The refusal to accede to the application for assistance within the meaning of Article 24 of the Staff Regulations should therefore be regarded as unlawful. The CDR for the period in question should also be regarded as unlawful.

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