Notice for the OJ

 

Action brought on 12 March 2003 by Nikolaus Steininger against Commission of the European Communities

(Case T-108/04)

(Language of the case: French)

An action against the Commission of the European Communities was brought before the Court of First Instance of the European Communities on 12 March 2003 by Nikolaus Steininger, residing in Brussels, represented by Nicolas Lhoëst, lawyer.

The applicant claims that the Court should:

-    annul the decision of the Commission of 8 May 2003 to reduce the applicant's merit points following his changes of status from member of the temporary staff falling within the research budget to that of an official falling within the operating budget;

-    in so far as necessary, annul the decision of the Commission of 24 November 2003 rejecting the applicant's complaint (R/401/03);

-    order the defendant to pay the costs.

Pleas in law and main arguments

The applicant joined the Commission as a member of the temporary staff. Upon success in an internal competition, the applicant was appointed probationary official.

According to the applicant, for the report on the development of career covering the period 1 July 2001 to 31 December 2002, the applicant's head of unit drew up a report awarding him several merit points. Subsequently, those merit points were reduced in proportion to the time served as an official, that is to say 2.5 months out of a total of 18 months, which is equivalent to an 86% reduction.

In support of his application the applicant alleges:

-    the objection provided for in Article 4.4 of the general provisions implementing Article 43 of the Staff Regulations is not applicable;

-    the objection provided for in Article 4.4 of the general provisions implementing Article 43 of the Staff Regulations is not valid;

-    breach of the principle that legitimate expectations and of the principle of proportionality.

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