Notice for the OJ

 

Action brought on 11 August 2005 - Thierry v Commission

(Case T-327/05)

Language of the case: French

Parties

Applicant(s): Michel Thierry (Howald, Luxembourg) (represented by: G. Bounéou and F. Frabetti, lawyers)

Defendant(s): Commission of the European Communities

Form of order sought

The applicant(s) claim(s) that the Court should:

annul the list of officials promoted in 2004 in so far as that list does not include the applicant's name and, indirectly, the preparatory measures for that decision;

order the defendant to pay the costs.

Pleas in law and main arguments

By his action, the applicant challenges the decision of the Commission not to promote him to Grade A5 in 2004. He submits that the new system of promotion based on priority points attributed to the official, applied by the Commission in the present case, places too much weight on seniority as the promotion criterion. Therefore, the applicant considers that, in his case, there was no consideration of the comparative merits in breach of Article 45 of the Staff Regulations, of the general provisions implementing that article, of the Administrative Guide on appraisal and promotion and of the principle of equality. On the same basis, he also alleges a breach of the principle precluding arbitrary proceedings, of the duty to state reasons, of legitimate expectations, of the 'patere legem quam ipse fecisti' rule and abuse of power.

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