Action brought on 29 September 2006 -Spee v Europol

(Case F-121/06)

Language of the case: Dutch


Applicant: David Spee (Rijswijk, Netherlands) (represented by: D.C. Coppens, lawyer)

Defendant: European Police Office (Europol)

Form of order sought

Annul Europol's decision of 5 July 2006;

Order Europol to grant two incremental points to the applicant with effect from 1 November 2005;

Order Europol to pay the costs.

Pleas in law and main arguments

The applicant challenges the decision to grant him only an increase in salary corresponding to one of the incremental points referred to in Article 29 of the Staff Regulations applicable to Europol employees, when, in his opinion, he was entitled to an increase corresponding to two increments.

He submits that Europol took into consideration not only the assessment provided for in Article 29 of the Staff Regulations of Europol, but also the assessment provided for in Article 28 of those same Regulations. By acting in that way, the administration retroactively applied the document of 24 March 2006 'Policy on the Determination of Salary Scale and Incremental Points of Europol Staff' in breach of the principle of legal certainty.

Furthermore, the applicant claims that, even if the administration was entitled to take into consideration the two assessments, the method applied is arithmetically incorrect and disadvantageous for the worker.