Notice for the OJ

 

SEQ CHAPTER \h \r 1

Action brought on 9 December 2003 by Georges Herbillon against Commission of the European Communities

(Case T-411/03)

(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 9 December 2003 by Georges Herbillon, residing in Arlon (Belgium), represented by Nicolas Lhoëst, lawyers, with an address for service in Luxembourg.

The applicant claims that the Court should:

-    annul the decision of the appointing authority of 23 December 2002 confirming the applicant's initial classification in Grade A 7;

-    order the defendant to pay all the costs.

Pleas in law and main arguments

The applicant was classified in grade A 7, step 3, upon taking up his duties with the Commission in September 1986. The applicant challenges the appointing authority's decision, after reexamination of that classification following the judgment delivered by the Court of Justice in Case C-389/98 P Gevaert v Commission, not to reclassify him.

In support of his claims, the applicant alleges:

- breach of the duty to provided reasons, in so far as the response of the defendant to his complaint merely consisted of a theoretical and altogether general account;

- the existence, in the present case, of a manifest error of assessment consisting in both a misinterpretation of the precedent set in Alexopoulou and in a stereotypical and superficial analysis of his own circumstances, so far as concerned the criteria relating to exceptional qualifications and the special needs of the service.

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