Notice for the OJ

 

Action brought on 10 June 2003 by Mário Paulo Tenreiro against Commission of the European Communities.

    (Case T-216/03)

    (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 10 June 2003 by Mário Paulo Tenreiro, residing in Kraainem (Belgium), represented by Georges Vandersanden, lawyer.

The applicant claims that the Court should:

(annul the decision not to promote the applicant in the 2002 promotion procedure, as it appears from the absence of the applicant's name in the list of officials promoted to grade A4 published in the Administrative Notice of 14 August 2002 (No 69-2002);

(declare that the applicant is entitled to the actual promotion which should have been granted him in the 2002 promotion procedure, with retrospective effect and full restoration of his financial and career rights;

(order the Commission to pay all the costs.

Pleas in law and main arguments

In support of his action the applicant pleads infringement of Article 45(1) of the Staff Regulations and breach of the principle of non-discrimination. The applicant points out that the defendant did not conduct an examination of the comparative merits of the applicant with those of the officials of all the Directorates-General eligible for promotion, but limited itself to the "quota" which had been allocated to the applicant's Directorate-General, gave an advantage to officials considered as reserve candidates from the previous year's promotion procedure and did not take account of applicant's transfer, during the reference period, from one Directorate-General to another.

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