Notice for the OJ

 

Action brought on5 January 2004 by Carlos Leite Mateus against Commission of the European Communities

    (Case T-10/04)

    (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 5 January 2004 by Carlos Leite Mateus, residing in Zaventem (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 final decision of 20 December 2002 fixing the applicant's classification on recruitment in Grade B 3 with effect from 1 March 1988;

-    Order the defendant to pay the costs.

Pleas in law and main arguments

The applicant was classified in Grade B, Step 3, upon entering the service of the Commission in March 1988 and is contesting the appointing authority's decision not to reclassify him after reconsidering his situation following the judgment of the Court of Justice in Case C-389/98 P Gevaert.

In support of his claims, the applicant submits that in reconsidering his file, the Commission took the view that his professional experience could be taken into account only from May 1970, the date on which he obtained the diploma rendering him eligible for a Category B post. The applicant claims that he obtained his diploma of secondary education in July 1964. He submits that the decision is vitiated by a manifest error of assessment and is therefore unlawful.

The applicant also claims that there has been a breach of Article 5 of the Staff Regulations.

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