Notice for the OJ

 

Action brought on 22 April 2004 by Joël De Bry against Commission of the European Communities

(Case T-157/04)

(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 22 April 2004 by Joël De Bry, residing in Woluwe-St-Lambert (Belgium), represented by Sébastien Orlandi, Albert Coolen, Jean-Noël Louis and Etienne Marchal, lawyers, with an address for service in Luxembourg.

The applicant claims that the Court should:

-    Annul the decision establishing his career development report covering the period 1 July to 31 December 2002;

-    Order the defendant to pay the costs.

Pleas in law and main arguments

In support of his action, the applicant states first of all that he was assessed by an assessor of the same grade as himself who was competing with the applicant for promotion. In the applicant's submission, that fact gives rise to a conflict of interests on the part of his assessor. The assessor did not inform the appointing authority of the position, contrary to Article 14 of the Staff Regulations.

The applicant then claims that there is an inconsistency between the assessments in the contested report and the marks awarded to him. He also claims that there has been a breach of the obligation to state reasons and of the rights of the defence in connection with a comment made by the validator concerning the applicant's alleged failure to observe normal working hours.

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