Notice for the OJ

 

Action brought on 12 February 2004 by Luis Escobar Guerrero against Commission of the European Communities

    (Case T-52/04)

    (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 12 February 2004 by Luis Escobar Guerrero, residing in Luxembourg, represented by Sébastien Orlandi, Albert Coolen, Jean-Noël Louis and Etienne Marchal, lawyers, with an address for service in Luxembourg.

The applicants claim that the Court should:

Annul the Commission's decision to promote the applicant to Grade A5 for the promotion year 2002 in so far as the date on which it takes effect is fixed at 1 May 2003;

Order the Commission to pay the costs.

Pleas in law and main arguments

Following the Commission's decision to promote him to Grade A5, the applicant withdrew his action in Case T-92/03 against the decision not to promote him during the 2002 promotion procedure. In the present case, the applicant claims that the Commission was required to promote him to Grade A5 with effect from 1 April 2002 on the same terms as the other officials promoted to that grade in the 2002 promotion procedure.

In support of his action, the applicant claims that there has been a breach of the principle of equal treatment and non-discrimination, a breach of the principle that officials should have reasonable career prospects and also failure to implement in good faith the Commission's decision to deal favourably with the complaint forming the subject-matter of Case T-92/03.

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