Notice for the OJ
Action brought on 26 December 2003 by Anne-Marie Mathieu against Commission of the European Communities
(Case T-437/03)
(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 26 December 2003 by Anne-Marie Mathieu, residing in Kraainem (Belgium), represented by Nicolas Lhoëst, lawyer, with an address for service in Luxembourg.
The applicant claims that the Court should:
Annul the decision of the appointing authority dated 20 December 2003 in so far as it did not award the applicant any additional seniority and therefore reclassified her in Grade C 4, first step, instead of Grade C 4, third step;
In so far as necessary, annul the express decision of the appointing authority of 11 September 2003, notified to the applicant on 16 September 2003, dismissing complaint No R/222/03;
Order the defendant to pay all the costs of the proceedings.
Pleas in law and main arguments
Following the judgment of the Court of First Instance in Case T-17/95,
1 the Commission adopted an amendment of the rules relating to the criteria applicable to appointment in grade and classification in scale on recruitment, which entitled officials to seek a review of their classification on entering the service. By the contested decision, the Commission granted such a request submitted by the applicant and reclassified her in Grade C 4, Step 1. The applicant is contesting that decision, in so far as it does not award her any additional seniority.
In support of her action, the applicant relies on a breach of the Commission's decisions of 6 June 1973 and 1 September 1983 on the criteria applicable to appointment in grade and classification in step on recruitment. She also claims that the Commission has infringed Article 5(3) of the Staff Regulations and the principle of equal treatment by refusing to award her any additional seniority although it awarded the maximum additional seniority to other officials whose professional experience is much shorter than hers. Last, the applicant relies on a failure to state reasons in the contested decision.
____________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.