Action brought on 11 December 2006 - Kurrer v Commission

(Case F-139/06)

Language of the case: French

Parties

Applicant: Christian Kurrer (Watermael-Boitsfort, Belgium) (represented by: S. Orlandi, A. Coolen, J.-N. Louis and E. Marchal, lawyers)

Defendant: Commission of the European Communities

Form of order sought

The Tribunal is asked to:

Annul the decision of the Commission to approve the applicant a probationary official with effect from 1 April 2006 inasmuch as that decision fixes his grade and step as A*6/2 and does not take into account the points he accumulated as a 'research' temporary agent;

Order the defendant to pay the costs.

Pleas in law and main arguments

On 16 January 2004, the applicant entered the service of the Commission as a 'research' temporary agent in Grade A7. As a successful candidate in Open Competition COM/A/3/02 published on 25 July 2002 to constitute a reserve list for the recruitment of administrators in career bracket A7/A6, he was appointed a probationary official in Grade A*6.

In view of the undertaking made by the Commission to extend the effects of possible annulment in pending cases concerning Article 12 of Annex XIII to the Staff Regulations, the applicant confines himself to relying on breach of the principle of equal treatment and non-discrimination in relation to former colleagues, also 'research' temporary agents, who had been successful in internal competitions and,. When established as officials, retained their grade and accumulated points.

The applicant further asserts in so far as is necessary, that Article 5(4) of Annex XIII to the Staff Regulations is unlawful, to the extent that it fails to comply with the above-mentioned principle and the principle of proportionality.

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