Notice for the OJ

 

Action brought on 11 December 2003 by Manuel Simões dos Santos against the Office for Harmonisation in the Internal Market

(Case T-409/03)

(Language of the case: French)

An action against the Office for Harmonisation in the Internal Market (OHIM) was brought before the Court of First Instance of the European Communities on 11 December 2003 by Manuel Simões dos Santos, resident in Alicante (Spain), represented by Antonio Creus Carreras, lawyer.

The applicant claims that the Court should:

-    annul the implied decision of the Appointing Authority rejecting the complaint made by the applicant and the decision of 14 February 2003 fixing his initial number of merit points for the 2002 promotion year in so far as it limits his period of service in the European Parliament;

-    order the defendant to pay all the costs of the case.

Pleas in law and main arguments

The applicant was an official of the European Parliament when he was transferred to OHIM on 1st October 1998. By the contested decision, OHIM informed the applicant of his number of merit points for the 2002 promotion year. When calculating those points, OHIM limited the applicant's length of service in the grade to five years and as a result did not take account of the period from 1 January 1991 to 31 October 1993.

In support of his claim for annulment, the applicant submits, firstly, that there was a breach of Article 1 of Decision ADM 02-39 rev of OHIM concerning the career and promotion of officials and temporary staff, and of the principles of legality, legal certainty and equal treatment. He submits, furthermore, that that there was a breach of the Staff Regulations in so far as the principles applicable to transfers between institutions were not adhered to and that the applicant's legitimate expectations when he accepted the transfer were not upheld. The applicant submits, finally, that there was a breach of the requirement to state the reasons for the disputed decision and of the principle of proportionality.

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