Action brought on 30 October 2006 - Mangazzù v Commission

(Case F-126/06)

Language of the case: French

Parties

Applicant: Salvatore Mangazzù (Brussels, Belgium) (represented by: T. Bontinck and J. Feld, lawyers)

Defendant: Commission of the European Communities

Form of order sought

annul the individual decision concerning a transfer from temporary staff status to official status contained in an instrument of appointment taking effect on 1 January 2005, notified on 13 January 2006;

order the defendant to pay the costs.

Pleas in law and main arguments

The applicant, after having worked at the Commission for several years as a temporary agent in Grade A5, then A*11, was successful in open competition COM/A/18/04, published on 21 April 2004, to draw up a reserve list for administrators in career bracket A7/A6. As a result, he was appointed as an official in the same post he had occupied as a member of the temporary staff and classified in Grade A*6, step 2, in accordance with Annex XIII of the Staff Regulations.

In support of his action, the applicant invokes infringement of Articles 31 and 62 of the Staff Regulations and Articles 5 and 2 of Annex XIII to the Staff Regulations.

The applicant moreover submits infringement of the principle of the protection of legitimate expectations, the principle of the protection of acquired rights and the principle of equal treatment.

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