JUDGMENT OF THE COURT OF FIRST INSTANCE

of 12 April 2005

in Case T-191/02, Giorgio Lebedef v Commission of the European Communities (1)

(Officials - Framework Agreement of 1974 between the Commission and the trade union and professional organisations - Repudiation - Adoption of the operational rules - Confirmation of the Agreement of 4 April 2001 - Admissibility)

(2005/C 155/22)

Language of the case: French

In Case T-191/02: Giorgio Lebedef, an official of the Commission of the European Communities, residing in Senningerberg (Luxembourg), represented by G. Bounéou and F. Frabetti, lawyers, with an address for service in Luxembourg, against Commission of the European Communities (Agent: J. Currall, with an address for service in Luxembourg) — application for annulment of the Commission's decision of 5 December 2001, by which it repudiated the Framework Agreement of 20 September 1974, adopted the operational rules concerning the levels, process and procedure of consultation agreed between the Commission and the majority of trade union and professional organisations on 19 January 2000, confirmed the Agreement of 4 April 2001 on the resources to be made available to the staff representatives, ratified the provisions on strikes laid down in Annex I to the Framework Agreement of 20 September 1974, requested the Vice-President of the Commission, Mr N. Kinnock, to negotiate with the trade union and professional organisations and to propose for adoption by the Commission, before the end of March 2002, a new Framework Agreement and to include in the series of amendments to the Staff Regulations, on which the trade union and staff organisations were to be consulted, an amendment providing for the opportunity to adopt electoral rules by way of a vote by the staff of the institution, and, if necessary, annulment of Mr Kinnock's letter of 22 November 2001 addressed to the President of each trade union to notify them of his decision to ask the Commission to repudiate, on 5 December 2001, the above-mentioned Framework Agreement of 20 September 1974, and to adopt several of the above-mentioned points, and annulment of Mr E. Halskov's decision of 6 December 2001 refusing to grant the applicant leave to attend, on a mission basis, the meeting of 7 December 2001 on the ‘comprehensive package of proposed amendments to the Staff Regulations’ — the Court of First Instance (First Chamber) composed of B. Vesterdorf, President, P. Mengozzi and M.E. Martins Ribeiro, Judges; Registrar: I. Natsinas, Administrator, has given a judgment on 12 April 2005, the operative part of which is as follows:

(1)  OJ C 233 of 28.9.2002.