Action brought on 30 October 2007 - Van Beers v Commission

(Case F-126/07)

Language of the case: French

Parties

Applicant: Isabelle Van Beers (Woluwe-St-Etienne, Belgium) (represented by: S. Orlandi, A. Coolen, J.-N. Louis and E. Marchal, lawyers)

Defendant: Commission of the European Communities

Form of order sought

Annul the decision of the appointing authority rejecting the applicant's application under the attestation procedure for 2006;

Declare Article 4(2) of the general implementing provisions (GIP) of Article 45a of the Staff Regulations unlawful, inasmuch as it has the effect either of excluding from consideration the true level of the tasks carried out by a candidate for attestation or of maintaining a distinction between the former grades C* and B* since 30 April 2006;

Order the defendant to pay the costs.

Pleas in law and main arguments

The applicant, a Commission official in grade AST 6, lodged an application under the attestation procedure for 2006. On 29 March 2007, the appointing authority definitively confirmed its decision of 22 February 2007, after an appeal by the applicant against that decision, not to admit her application under the attestation procedure for 2006.

In support of her action, the applicant claims, firstly, that there has been a manifest error of assessment.

She submits, furthermore, that Article 4(2) of the GIP of Article 45a of the Staff Regulations is unlawful.

In particular, the applicant alleges breach of the principles of equal treatment, of non-discrimination and of proportionality, breach of the principle of sound administration and the principle that recruited officials are entitled to reasonable career prospects, as well as the principle of the protection of legitimate expectations.

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