Action brought on 9 May 2006 - Nijs v Court of Auditors

(Case F-49/06)

Language of the case: French


Applicant: Bart Nijs (Bereldange, Luxembourg) (represented by: F. Rollinger, lawyer)

Defendant: Court of Auditors of the European Communities        

Form of order sought

The applicant claims that the Tribunal should:

Annul the Appointing Authority's decision not to promote the applicant in 2005 and any connected and/or subsequent decision;

Order the payment of compensation for the material and non-material damage suffered by the applicant;

Order the Court of Auditors to pay the costs.

Pleas in law and main arguments

In support of his action, the applicant relies on:

1.     The effects for the 2004 appraisal exercise of a falsification of his staff report relating to the 2003 exercise,

2.     Breach of the principles of legal certainty for staff, equal treatment of officials and sound administration in the application to the applicant of the new appraisal system developed by the defendant,

3.     The fact that one of his colleagues was unlawfully asked to carry out more senior duties on a temporary basis,

4.     The fact that one of his hierarchical superiors carried out his duties unlawfully,

5.     That superior's lack of integrity,

6.     Several instances of misuse of powers and a breach of the Treaty.