Action brought on 21 January 2007 - Nijs v Court of Auditors

(Case F-5/07)

Language of the case: French

Parties

Applicant: Bart Nijs (Bereldange, Belgium) (represented by: F. Rollinger, lawyer)

Defendant: European Court of Auditors

Form of order sought

annul the Appointing Authority's decision to appoint the applicant's superior to his current post;

annul the result, so far as it concerns the applicant, of competition CC/LA/1/99 and all connected and/or subsequent decisions;

annul the decision of the polling office of the Court Auditors to reject the applicant's challenge to the ballot of 2, 3, and 4 May 2006;

annul the result of the Court Auditors' Staff Committee elections of 2, 3 and 4 May 2006 and all connected and subsequent decisions;

annul the decisions not to promote the applicant, and to promote Mr X, in 2006;

order the payment of compensation for the material and non-material loss suffered by the applicant;

order the defendant to pay the costs.

Pleas in law and main arguments

In support of his action, the applicant argues, inter alia, that: (i) the Appointing Authority's decisions were vitiated by a failure to give relevant reasons; (ii) the Secretary General of the Court of Auditors acted unlawfully in his capacity as Appointing Authority when he rejected the applicant's complaints, inasmuch as he had a personal interest such as to impair his independence; (iii) the Appointing Authority has performed its duties unlawfully since 1984; (iv) the applicant's superior performed his duties unlawfully; in breach inter alia of Article 7 and Article 11a (ex Article 14) of the Staff Regulations; (v) competition CC/LA/1/99 was prejudiced by a number of illegalities, for which there is new evidence; (vi) the 2006 Staff Committee elections are unlawful on a number of grounds; (vii) the promotion of Mr X stems from the interest of the applicant's hierarchical superior in obstructing the applicant's career.

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