Action brought on 28 December 2006 - Collée v Parliament

(Case F-148/06)

Language of the case: French

Parties

Applicant: Laurent Collée (Luxembourg, Luxembourg) (represented by: S. Orlandi, J.-N. Louis, A. Coolen and E. Marchal, lawyers)

Defendant: European Parliament

Form of order sought

The applicant claims that the Tribunal should:

declare the illegality of paragraph I.3 of the 'Instructions on the procedure for the allocation of promotion points' of the European Parliament of 13 June 2002;

annul the Appointing Authority's decision of 9 January 2006 to allocate two merit points to the applicant under the 2004 promotion procedure;

order the defendant to pay the costs.

Pleas in law and main arguments

The applicant, a European Parliament official in Grade AST 8, criticises the Appointing Authority for failing to carry out an examination of comparative merits which included all officials of the institution who were eligible for promotion and were classified in the same grade as the applicant. He alleges, inter alia, breach of Articles 5 and 45 of the Staff Regulations and infringement of the principle of equal treatment and non-discrimination. The contested decision, he argues, is also vitiated by a manifest error of assessment and a failure to give reasons.

The applicant pleads, lastly, that paragraph I.3 of the abovementioned Instructions, which concerns the exceptional allocation of promotion points by the Secretary-General, is illegal. In particular, the restrictions imposed by that provision on the Secretary-General do not comply with Article 45 of the Staff Regulations and the principle of equal treatment.

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