Notice for the OJ

 

Action brought on 6 October 2004 by Vittoria Tebaldi and Others against the Commission of the European Communities

(Case T-415/04)

(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 6 October 2004 by Vittoria Tebaldi, residing in Tervuren (Belgium), Vicente Tejero Gazo, residing in Sterrebeek (Belgium), Victor González Martínez, residing in Brussels, and Alessandro Giovannetti, residing in Ernster (Luxembourg), represented by Gilles Bounéou and Fréderic Frabetti, lawyers, with an address for service in Luxembourg.

The applicant claims that the Court should:

-    annul the list of officials promoted in the 2003 promotions procedure insofar as that list does not include the names of the applicants and, by way of an ancillary measure, annul the preparatory measures for that decision;

in the alternative,

-    annul the award of promotion points in the 2003 promotions procedure inter alia following recommendations from the promotion committees;

-    make an order as to costs, expenses and fees and order the Commission of the European Communities to pay them.

Pleas in law and main arguments

The applicants in this case challenge the refusal of the appointing authority to promote them to a higher grade in the 2003 promotions procedure.

In support of their claims they plead the infringement:

-    of Article 45 of the Staff Regulations and its general implementing rules;

-    of the administrative guide entitled 'Appraisal and Promotion of Officials';

-    of the principles of non-discrimination and the prohibition on arbitrary procedures and of the obligation to state reasons for measures;

-    of the principle of the protection of legitimate expectations and

-    of the duty to have regard to the welfare of officials.

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