Action brought on 22 December 2006 - Bleyaert v Council

(Case F-144/06)

Language of the case: French

Parties

Applicant: Eric Bleyaert (Maldegem, Belgium) (represented by: S. Orlandi, A. Coolen, J.-N. Louis and E. Marchal, lawyers)

Defendant: Council of the European Union

Form of order sought

annul the decision of the Appointing Authority not to include the applicant's name on the list of officials selected to follow the training programme in the framework of the certification procedure for 2005;

order the defendant to pay the costs.

Pleas in law and main arguments

The applicant, a Council official in Grade AST 8, applied for the certification procedure for 2005. His name, which appeared in the draft list of officials selected to follow the training programme in the framework of the 2005 certification exercise, was not included in the definitive list, published on 22 May 2006, which the Appointing Authority adopted taking into account the opinion of the joint committee for the certification procedure. That committee had heard the applicant on 17 May 2006.

In support of his action, the applicant relies, first, on breach of the duty to state reasons, especially as the Appointing Authority did not reply to his complaint. Moreover, the applicant asserts the infringement of Article 45a of the Staff Regulations and Article 5 of the general provisions implementing that article of those Regulations. In particular, the joint committee, which could hear only officials who challenged the draft list, was not entitled to summon the applicant. In any event, the applicant claims that the principle of equal treatment was also infringed, in that the joint committee did not hear all the officials whose names were included on the draft list.

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