Notice for the OJ

 

Action brought on 22 October 2004 by Alex Milbert and Others against the Commission of the European Communities

(Case T-434/04)

(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 22 October 2004, by Alex Milbert, residing in Hesperange (Luxembourg), Imre Czigàny, residing in Rhode St. Genèse (Belgium), José Manuel De la Cruz González, residing in Brussels, Viviane Deveen, residing in Overijse (Belgium), Mohammad Reza Fardoom, residing in Roodt-sur-Syre (Luxembourg), Laura Gnemmi, residing in Hünsdorf (Luxembourg), Marie-José Reinard, residing in Bertrange (Luxembourg), Vassilios Stergiou, residing in Kraainem (Belgium) and Ioannis Terezakis, residing in Brussels, represented by G. Bounéou and F. Frabetti, lawyers.

The applicants claim that the Court should:

Annul the list of officials promoted under the 2003 procedure, in so far as that list does not include the applicants' names, and, incidentally, the formal measures leading to that decision;

Alternatively, annul the allocation of promotion points under the 2003 procedure in relation to the applicants;

Order the Commission to pay the costs.

Pleas in law and main arguments

The applicants, Commission officials, were not promoted under the 2003 procedure. By their action, they question the system used by the Commission for that procedure, in so far as that system provides for the addition to merit and seniority points awarded to each official, 'reliquat' points awarded to officials on the list of officials eligible for promotion in the previous procedure but not promoted, as well as points awarded by the Directorates-General, special transitional points, points in the interests of the service and 'appeal' points awarded by the Promotions Committee. The applicants claim that by operating such a system the Commission did not, in breach of Article 45 of the Staff Regulations and the General Provisions for its implementation, consider the comparative merits of the officials eligible for promotion.

On the same basis, the applicants plead breach of the principle of non-discrimination, of the ban on arbitrary procedures, of the duty to state reasons, of the principle of legitimate expectations, of the rule 'patere legem quam ipse facit' and of the duty to have regard to the interests of officials.

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