Notice for the OJ

 

Action brought on 17 May 2004 by Daniel Van der Spree against Commission of the European Communities

(Case T-182/04)

(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 17 May 2004 by Daniel Van der Spree, residing at Overijse (Belgium), represented by S. Orlandi, A. Coolen, J.-N. Louis and E. Marchal, lawyers, with an address for service in Luxembourg.

The applicant claims that the Court should:

-    Annul the decision establishing finally the applicant's career development review covering the period from 1 July 2001    to 31 December 2002;

-    Order the defendant to pay the costs.

Pleas in law and main arguments:

In support of his action, the applicant pleads, first, breach of Articles 26 and 43 of the Staff Regulations and of the special measures applicable to the 2001-2002 transitional appraisal exercise. The applicant also pleads breach of the duty to state reasons, inconsistency between the comments and the marks awarded and manifest error of assessment. The applicant relies, further, on infringement of the rights of the defence in that the decision was based on an internal audit report of which the applicant was not given notice and on alleged appraisal criteria of which, the applicant submits, he was not informed.

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