Action brought 11 August 2006 - Nolin v Commission

(Case F-91/06)

Language of the case: French

Parties

Applicant: Michel Nolin (Brussels, Belgium) (represented by: S. Orlandi, A. Coolen, J.-N. Louis and E. Marchal, lawyers)

Defendant: Commission of the European Communities

Form of order sought

The applicant claims that the Court should:

annul the appeal assessor's decision, of 8 April 2006, setting out the applicant's Career Progress Report (CPR) for the 2005 assessment exercise;

order the defendant to pay the costs.

Pleas in law and main arguments

In support of his action, the applicant claims that the defendant erred in law, in as far as some essential tasks and points relating to his work were not mentioned by the assessor and no comments on those tasks are made in his CPR. That situation is due to serious inconsistencies and inadequacies comparable to manifest errors of fact in the consideration of the factors relevant to his assessment.

Furthermore, the applicant considers that, despite the two changes made by the assessor in his comments as compared with the 2003 reference exercise, the applicant's report from the previous year was repeated, in breach of Article 5 of the general provisions implementing Article 43 of the Staff Regulations, whilst significant changes in the applicant's functions had taken place and the repetition of the previous year's report had taken place without the applicant's consent.

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