Action brought on 16 August 2006 - Dethomas v Commission

(Case F-93/06)

Language of the case: French

Parties

Applicant: Bruno Dethomas (Rabat, Morocco) (represented by: S. Orlandi, A. Coolen, J.-N. Louis and E. Marchal, lawyers)

Defendant: Commission of the European Communities

Form of order sought

The applicant claims that the Tribunal should:

Annul the Commission decision of 11 January 2006 appointing the applicant a probationary official of the European Communities, as Head of the Commission delegation to Morocco in the Directorate-General for External Relations, in so far as it classifies him in Grade A*14, step 2;

Order the defendant to pay the costs.

Pleas in law and main arguments

While he was a member of the temporary staff in Grade A*14, step 8, the applicant applied for the post advertised in vacancy notice COM/229/04 for the recruitment of the Head of the Commission Delegation to Morocco. ¹ His application being successful, he was appointed a probationary official in Grade A*14, step 2.

In his application, the applicant claims that, since he was appointed an official in the same Grade immediately following his period of service as a member of the temporary staff, the Commission should have appointed him, under the third paragraph of Article 32 of the Staff Regulations, in grade A*14, step 8. By refusing him the benefit of that provision, the Commission made a manifest error of law.

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¹ - OJ C 246 A, 5.10.2004, p. 1.