Action brought on 30 November 2006 - Reali v Commission
(Case F-136/06)
Language of the case: English
Parties
Applicant: Enzo Reali (Sofia, Bulgaria) (represented by: S. A. Pappas, Lawyer)
Defendant: Commission of the European Communities
Form of order sought
The applicant claims that the Tribunal should:
Annul the Decision of the authority authorised to conclude contracts of employment dated 30 August 2006 in response to the complaint lodged on 7 July 2006 by Mr Enzo Reali;
Order the defendant to pay the costs.
Pleas in law and main arguments
The applicant is a contractual agent classified in Fonction Group IV, grade 14. He claims that he should have been classified in grade 16, because in the calculation of his professional experience the Commission should have considered his degree (Laurea in Scienze Agrarie) as a Bachelor Degree plus a Master.
In support of his action, the applicant pleads that:
The Commission breached Directive 89/48/EEC
1, as amended by Directive 2001/19/EC
2, and the principle of subsidiarity, by refusing to recognise that the Applicant's degree is equivalent to a "Bachelor Degree plus a Master" even though the equivalence had previously been clearly recognised at national level by his University;
The Commission breached the principle of non-discrimination by unduly refusing to count the Applicant's Master as a year of professional experience;
The attacked decision is illegal due to a manifest error of assessment in the calculation of the professional experience of the Applicant and to a lack of motivation;
The rejection of the complaint is based on implementing measures [Article 3 (1) (c) of the General implementing provisions on the procedures governing the engagement and the use of contract staff at the Commission] that are beyond the power delegated to the Commission by Article 86 (6) of the Conditions of Employment of Other Servants of the Communities.
____________1 - Council Directive 89/48/EEC of 21 December 1988 on a general system for the recognition of higher-education diplomas awarded on completion of professional education and training of at least three years' duration (OJ 1989 L 19, p. 16).2 - Directive 2001/19/EC of the European Parliament and of the Council of 14 May 2001 amending Council Directives 89/48/EEC and 92/51/EEC on the general system for the recognition of professional qualifications and Council Directives 77/452/EEC, 77/453/EEC, 78/686/EEC, 78/687/EEC, 78/1026/EEC, 78/1027/EEC, 80/154/EEC, 80/155/EEC, 85/384/EEC, 85/432/EEC, 85/433/EEC and 93/16/EEC concerning the professions of nurse responsible for general care, dental practitioner, veterinary surgeon, midwife, architect, pharmacist and doctor (OJ L 2006, p. 1).