Notice for the OJ

 

Action brought on 3 February 2004 by Eugene Emile Marie Kimman against Commission of the European Communities

    (Case T-44/04)

    (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 3 February 2004 by Eugene Emile Marie Kimman, residing in Overijse (Belgium), represented by Nicolas Lhoëst, with an address for service in Luxembourg.

The applicant claims that the Court should:

Annul the decision of the appointing authority dated 20 December 2002 confirming the applicant's initial classification in Grade B5;

In so far as necessary, annul the decision of the appointing authority of 1 October 2003 rejecting the applicant's complaint;

Order the defendant to pay all the costs of the proceedings.

Pleas in law and main arguments

The contested decision confirmed the applicant's classification in Grade B5 on the date of his recruitment and, accordingly, rejected a request for reclassification introduced by the applicant following an amendment of the rules on the criteria applicable to appointment in grade and classification in step on recruitment, adopted by the Commission following the judgment of the Court of First Instance in Case T-17/95. ¹

In support of his action, the applicant claims that the Commission should have applied its decision of 6 June 1973 for the purposes of his recruitment and not the decision of 1983, which had not yet been adopted at the time.

He also relies on failure to state reasons for the contested decision, a manifest error of assessment and alleged discrimination between the applicant, whose application for reclassification was rejected, and other officials who, with the same length of professional experience as the applicant, were able to benefit from reclassification.

____________

¹ - Judgment of the Court of First Instance of the European Communities of 5 October 1995, published in OJ C 315, 25-11-95, p. 14.