Action brought on 22 March 2007 - Bleser v Court of Justice

(Case F-25/07)

Language of the case: German

Parties

Applicant: Thomas Bleser (Nittel, Germany) (represented by: P. Goergen, lawyer)

Defendant: Court of Justice of the European Communities

Form of order sought

Annulment of the applicant's classification in the grade allocated to him in the decision of 16 March 2006 regarding his appointment;

Annulment of Articles 2 and 13 in Appendix XIII and of Article 32 of the Staff Regulations which entered into force on 1 May 2004;

Classification of the applicant in the grade which was published in the notice of competition or in the grade which corresponds to it according to the classifications of the new Staff Regulations (and in the corresponding step according to the provisions which were applicable before 1 May 2004);

Award of damages in the amount corresponding to the difference in remuneration;

Award of damages in the amount of EUR 10 000 in respect of the non-material damage suffered;

Order the Court of Justice to pay the costs.

Pleas in law and main arguments

The action is essentially brought against the provisions of Articles 2 and 13 in Appendix XIII and of Article 32 of the Staff Regulations of Officials of the European Communities which entered into force on 1 May 2004.

The applicant submits that his classification should have been carried out under the Staff Regulations which were in force at the time when he sat the selections tests and were more favourable to him. In support of his action, he claims that his classification infringed the principle of equality, the principle of non-discrimination and the prohibition of discrimination based on age.

In addition, the applicant submits that there has been infringement of the general principles of Community law, in particular of the duty to have regard for the welfare of officials and the principle of sound administration, the principle of transparency, the principle of protection of legitimate expectations, the principle of legal certainty, the principle of good faith, the prohibition on reformatio in pejus (prohibition on deterioration) and the principle of the right to a fair hearing.

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