Language of document :

Action brought on 3 February 2006 - Suleimanova v Committee of the Regions

(Case F-12/06)

Language of the case: French


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

Defendant: Committee of the Regions of the European Union

Form of order sought

The applicant claims that the Court should:

Annul the decision to appoint the applicant an official of the European Communities in so far as it sets her recruitment grade pursuant to Article 12 of Annex XIII to the Staff Regulations;

Order the Committee of the Regions to pay the costs.

Pleas in law and main arguments

As a successful candidate in a competition for which the notice was published before 1 May 2004, the applicant was recruited after the entry into force of Council Regulation (EC, Euratom) No 723/2004 of 22 March 2004 amending the Staff Regulations of officials of the European Communities and the Conditions of Employment of other servants.1

In her application, the applicant first submits that the contested decision fails to take account of the legal framework set up by the competition notice. She claims that, pursuant to Article 12 of Annex XIII to the Staff Regulations, she was recruited at a grade lower than that mentioned in the competition notice.

The applicant also considers that the contested decision infringes Articles 5, 29 and 31 of the Staff Regulations and the principle of equal treatment and non-discrimination. Successful candidates in the same competition or the same level of competition were graded at different levels depending on whether they were recruited before or after the entry into force of Regulation No 723/2004.

In addition, the applicant lastly alleges a breach of the principle of the protection of legitimate expectations, inasmuch as she reasonably expected to be recruited at the grade mentioned in the competition notice to fill the post for which she had applied.


1 - OJEU L 124, 27.04.2004, p. 1