Action brought on 6 August 2007 - Dittert v Commission

(Case F-82/07)

Language of the case: French

Parties

Applicant: Daniel Dittert (Luxembourg, Luxembourg) (represented by: B. Cortese and C. Cortese, lawyers)

Defendant: Commission of the European Communities

Form of order sought

annul the decision of the Commission of the European Communities to promote the applicant to grade AD 9, and not AD 10, under the 2006 promotion procedure, as confirmed by that Institution's decision of 23 April 2007, rejecting the applicant's complaint No R/132/07;

order the Commission of the European Communities to pay the costs.

Pleas in law and main arguments

The applicant, an established official at the Commission, having been promoted to the old grade A 7 with effect from 1 April 2002, was on 30 April 2004 eligible for promotion to grade A 6. On 1 May 2004, the Appointing Authority replaced grade A 7 in the applicant's staff file with the new grade A*8, stating the reason for the amendment to be the 'career reform of 1 May 2004'. Subsequently, grade A*8 was renamed AD 8 with effect from 1 May 2006.

The applicant submits that though the officials promoted in 2004 and those promoted in 2005 or 2006 from the old grade A 7 were all promoted after the entry into force of the amendments to the Staff Regulations, some were appointed to grade A*10/AD 10 while others, including the applicant, were appointed to grade A*9/AD 9. The applicant pleads an infringement of the principles of equal treatment and reasonable career prospects for officials.

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