Action brought on 12 May 2006 - Hinderyckx v Council

(Case F-57/06)

Language of the case: French

Parties

Applicant: Jacques Hinderyckx (Brussels, Belgium) (represented by: J.A. Martin, lawyer)

Defendant: Council of the European Union

Form of order sought

Annul the decision not to promote the applicant to grade B*8 in the 2005 promotions procedure;

Promote the applicant to grade B*8;

Order the defendant to pay to the applicant EUR 2 400 in compensation for all damage suffered;

Order the defendant to pay the costs.

Pleas in law and main arguments

The applicant, who entered into the service of the European Parliament on 1 April 1994, was transferred to the General Secretariat of the Council on 16 July 2004, as a grade B*7 official. In his application, he disputes the Appointing Authority's decision not to promote him to grade B*8 in the 2005 promotions procedure.

The applicant raises two pleas, the first of which is based on the combination of his length of service in the grade and the excellence of his services to the European Parliament.

In relation to his second plea, the applicant claims that the Appointing Authority should have explained how the procedure used by the Consultative Commission on Promotions (CCP) took into account the differences between the structures of the standard Staff Reports of the European Parliament and the Council. The applicant further maintains that in order to ensure equal opportunity between candidates coming from different institutions, the Council should have provided itself with precise rules, in compliance with the Staff Regulations and capable of guaranteeing equal treatment in the comparative assessment of the merits. The absence of such rules has led the Council to adopt decisions of a discretionary nature.

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