Notice for the OJ

 

Action brought on 15 July 2004 by Dimitra Lantzoni against the Court of Justice of the European Communities

(Case T-289/04)

(Language of the case: French)

An action against the Court of Justice of the European Communities was brought before the Court of First Instance of the European Communities on 15 July 2004 by Dimitra Lantzoni, residing in Übersyren (Luxembourg), represented by Clara Marhuenda, lawyer, with an address for service in Luxembourg.

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The applicant claims that the Court should:

-    annul the decision of the defendant notified to the applicant on 7 October 2003 rejecting her complaint about the promotion points awarded to her in the 1999/2000 promotion procedure and in the 2001 promotion procedure;

-    order the defendant to pay the costs.

Pleas in law and main arguments

On 5 February 2002, the applicant, an official of the Court of Justice, was informed of the decision to award her no promotion points for the years 1999 and 2000. On 16 January 2003, the applicant was also informed that she had been awarded one promotion point in the 2001 promotion procedure. She complained about the latter decision and subsequently made another complaint, concerning the award of no points for the years 1999 and 2000. Her complaint was rejected as out of time for the years 1999 and 2000 and as unfounded as regards the year 2001.

In support of this action, the applicant submits that the contested award of points is in breach of the decision of the Court of 18 October 2000 introducing that system, on the ground that it was not made on the basis of her staff reports, as the points awarded were wholly inconsistent with those reports. As regards the rejection, on the ground that it was out of time, of her complaint about the award of no points for 1999 and 2000, the applicant submits that the delay of almost two years in communicating her staff report for 1999/2000 to her prevented her from being aware of the errors in the award of points for that promotions procedure. According to the applicant, the legal certainty of the promotion procedure concerned would not in any way be called into question if she were permitted to contest the failure to award her any points for those two years, given that the number of points obtained does not automatically guarantee a promotion.

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