Action brought on 18 November 2005 - Sanchez Ferriz v Commission

(Case T-433/05)

Language of the case: French

Parties

Applicant: Carlos Sanchez Ferriz (Brussels, Belgium) (represented by: F. Frabetti, lawyer)

Defendant: Commission of the European Communities

Form of order sought

The applicant claims that the Court should:

Annul the list of officials promoted under the 2004 exercise¹, insofar as that list does not include his name, and, as an incidental plea, the preparatory measures for that decision;

Annul the allocation of promotion points during the 2004 exercise, in particular, following the recommendations of the promotion committees;

Order the Commission of the European Communities to pay the costs.

Pleas in law and main arguments

The applicant, a Commission official, challenges the decision not to promote him during the 2004 exercise. In support of his action, he submits that the definitive version of his career development report for the period from 1 July 2001 to 31 December 2002 had not been compiled by the time the contested decision was adopted. In addition, he is of the opinion that when allocating 'priority points' to officials for the purpose of their classification with a view to promotion, the Commission gave excessive weight to the 'remainder' of the officials who, although they had reached the promotion threshold, had not been promoted during the earlier exercises. The applicant also levels a more general criticism against the allocation of points which, he states, fails to comply with the requirement to carry out a comparative examination of merits for the purpose of promotion.

On that basis, the applicant alleges infringement of Article 45 of the Staff Regulations, and of the General Implementing Provisions and the Commission's Administrative Guide for assessment and promotion, infringement of the principle of non-discrimination, infringement of the principle of prohibition against arbitrary treatment, infringement of the duty to give reasons, infringement of the principle of the protection of legitimate expectations and infringement of the duty to have regard for the interests of officials.

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¹ - List published in Administrative Notice No 130 - of 30.11.2004