Notice for the OJ

 

Action brought on 23 April 2004 by Brian M. Ross against the Commission of the European Communities

    (Case T-147/04)

    (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 23 April 2004 by Brian M. Ross, residing in Morpeth (United Kingdom), represented by Eric Boigelot, lawyer.

The applicant claims that the Court should:

Annul the decision of 31 March 2003 definitively adopting the applicant's career development report for the period 2001/2002;

Annul the said report;

Annul the implicit decision to dismiss the applicant's claim, brought on 24 September 2002 (R/562/03) for annulment of the contested decision;

Order the defendant to pay the applicant damages for non-material loss, assessed on equitable grounds at EUR 10 000, subject to increase or decrease in the course of the proceedings;

Order the defendant to pay the costs.

Pleas in law and main arguments

In support of his action, the applicant pleads infringement of Article 25(2) and Articles 26 to 43 of the Staff Regulations and the General provisions for implementing Article 43 of the Staff Regulations, as adopted by the Commission on 26 April 2002. He also pleads misuse of powers, infringement of general principles of law, such as the rights of the defence, the principle of sound administration and the principle of equal treatment, and a manifest error of assessment.

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