Notice for the OJ
Judgment of the Court of First Instance of 6 October 2004 in Case T-294/02: Miguel Vicente-Nuñez v Commission of the European Communities
1(Compliance with a judgment of the Court of First Instance - Decision on promotion - Seniority in grade - Date of taking effect) .............................................................................................
(Language of the case: French)
In Case T-258/01: Miguel Vicente-Nuñez, an official of the Commission of the European Communities, residing in Kraainem (Belgium), represented by M.-A. Lucas, lawyer, against Commission of the European Communities (Agents: C. Berardis-Kayser and L. Lozano Palacios, with an address for service in Luxembourg) - application for annulment of the Commission's decision promoting the applicant to Grade A 5, Step 3 under the 1998 procedure, adopted in order to comply with the judgment delivered by the Court of First Instance on 9 March 2000 in Case T-10/99, in so far as it limits its effect to 1 April 2000, and, second, a claim for damages, the Court of First Instance (Third Chamber), composed of J Azizi, President, M. Jaeger and F. Dehousse, Judges; H. Jung, Registrar, gave a judgment on 6 October 2004, in which it:
1. Annuls the Commission's decision of 11 June 2002, in so far as it does not have the effect of replacing Mr Vicente-Nuñez in a situation comparable, from the point of view of his seniority in grade, to the situation in which he would have been had he been promoted to Grade A 5 on 1 April 1998;
2. Dismisses the remainder of the application;
3. Orders the Commission to pay the costs.
____________1 - OJ No C 289 of 23.11.02