Language of document :

Action brought on 31 October 2006 - Molina Solano v Europol

(Case F-124/06)

Language of the case: Dutch


Applicant: Beatriz Molina Solano (Rijswijk, Netherlands) (represented by: D.C. Coppens, lawyer)

Defendant: European Police Office (Europol)

Form of order sought

The Tribunal is asked to:

annul the decision taken on the applicant's complaint by Europol on 1 August 2006 and Europol's initial decision of 27 January 2006;

order Europol to award the applicant an incremental point with effect from 1 January 2005;

order Europol to pay the costs.

Pleas in law and main arguments

Following a complaint, Europol awarded the applicant one of the incremental points referred to in paragraph 2 of Article 29 of the Europol Staff Regulations with effect from 1 July 2005. In her action, the applicant asks that that incremental point should be awarded to her with effect from 1 January 2005. In support of her claims, she asserts that, according to the policy for managing incremental points which Europol was applying at the time of the facts at issue, the mark which she had obtained gave her the right to a step with effect from 1 January 2005. In denying her this benefit, which had been accorded to other agents who had received comparable marks, Europol was in breach of the principle of equal treatment. The applicant relies in addition on breach of the principles of legal certainty and impartiality, and the prohibition on acting arbitrarily.