Language of document :

Action brought on 30 July 2006 - Schell v Commission

(Case F-83/06)

Language of the case: French


Applicant: Arno Schell (Brussels, Belgium) (represented by: F. Frabetti, lawyer)

Defendant: Commission of the European Communities

Form of order sought

Annul the lists of officials promoted in the 2004 and 2005 promotion years, in so far as these lists do not contain the applicant's name, and also, incidentally, the preparatory actions of those decisions;

in the alternative, annul the allocation of promotion points in those years in so far as the applicant is concerned;

order the defendant to pay the costs.

Pleas in law and main arguments

In support of his application, the applicant relies on the seven following pleas in law:

-    first, infringement of Article 45 of the Staff Regulations;

-    second, infringement of the general implementing provisions in respect of that article;

-    third, infringement of the principle of non-discrimination;

-    fourth, infringement of the Administrative Guide "Appraisal and Promotion of Officials", and of successive Guides;

-    fifth, infringement of the principles of prohibition of arbitrary procedures and of abuse of powers, and also infringement of the duty to give reasons;

-    sixth, infringement of the principle of protection of legitimate expectations, and of the rule 'Patere legem quam ipse fecisti' (obey the rules which you yourself have made);

-    seventh, infringement of the duty to have regard for the welfare of officials.