Notice for the OJ

 

Action brought on 22 April 2004 by Daniel Bauwens against Commission of the European Communities

(Case T-154/04)

(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 22 April 2004 by Daniel Bauwens, residing in Brussels, represented by Sébastien Orlandi, Albert Coolen, Jean-Nöel Louis and Etienne Marchal lawyers, with an address for service in Luxembourg.

The applicant claims that the Court should:

-    Annul the decision to close the procedure for drawing up his career development report and to dismiss his request to refer the case to the Joint Evaluation Committee;

-    Order the defendant to pay the costs.

Pleas in law and main arguments

The applicant made an application to refer the matter to the Joint Evaluation Committee contesting his career development report, as countersigned by the countersigning officer. That request was held to be out of time, since it was brought after the deadline of five working days provided for by Article 7 of the General Provisions for Implementing Articles 43 and 45 of the Staff Regulations.

The applicant challenges the decision dismissing his application and drawing up the final report, arguing that the deadline of five days should have been suspended, in accordance with the footnote to Article 7 of the General Provisions, on the ground that he was on leave for a period of two weeks starting from the day after the formal confirmation of the appraisal by the countersigning officer. In the same context, the applicant also relies on a manifest error of assessment and the infringement of the principles of sound management, sound administration and equal treatment.

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