Notice for the OJ

 

Action brought on 14 October 2002 by Monique Breton against Court of Justice of the European Communities

    (Case T-323/02)

    (Language of the case: French)

An action against the Court of Justice of the European Communities was brought before the Court of First Instance of the European Communities on 14 October 2002 by Monique Breton, residing in Howald (Luxembourg), represented by Albert Coolen, Jean-Noël Louis and Etienne Marchal, avocats.

The applicant claims that the Court should:

(annul the decision of the Registrar of the Court of Justice to award the applicant 0.58 promotion points in respect of 1998 and to award only one promotion point per year in respect of 1999 and 2000;

(order the defendant to pay the costs.

Pleas in law and main arguments

The applicant is challenging the decision of the appointing authority to award her 0.58 promotion points in respect of 1998 and to award her only one promotion point per year in respect of 1999 and 2000.

The applicant claims that no staff report has been drawn up for her throughout the period in which she worked for the defendant as a member of the temporary staff, that is to say from 1 June to 30 November 1998. Nor was any report drawn up in her respect during her probation period (from 1 December 1998 to 31 August 1999). Consequently, only the analytical assessments in the staff report for the period from 1 September 1999 to 31 December 2000 were taken into consideration, which prevented the appointing authority from taking account of the applicant's "merits" as set out in the general assessment and in the reporting officer's observations.

In support of her claims, the applicant alleges:

(infringement of Article 45 of the Staff Regulations;

(infringement of paragraph 5 of the "Instructions relatives aux promotions" appended to the decision of the Court of 18 October 2000;

(manifest error of assessment in the present case.

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