Action brought on 29 July 2007 - Brown and Volpato v Commission

(Case F-75/07)

Language of the case: French

Parties

Applicants: Colin Brown (Brussels, Belgium) and Alberto Volpato (Moscow, Russia) (represented by: B. Cortese and C. Cortese, lawyers)

Defendant: Commission of the European Communities

Form of order sought

annul the decision of the Commission of the European Communities published in Administrative Notices No 55-2006 of 17 November 2006 inasmuch as it promoted the applicants to grade AD9, step 1, under the 2006 promotion exercise;

in so far as is necessary, annul the Commission decisions of 23 April 2007 inasmuch as they dismissed the complaints brought by the applicants;

order the Commission to pay the costs.

Pleas in law and main arguments

The applicants, Commission officials, challenge the decision to promote them, under the 2006 promotion exercise, to grade AD9, a new grade inserted, since 1 May 2004 between grades AD8 (formerly A7) and AD10 (formerly A6). They submit that they should have been promoted not to grade AD9 but to grade AD10, following the example of what had been done in the 2004 promotion exercise in respect of officials who, like the applicants, were in grade A7 on 30 April 2004 and were eligible for promotion to the next grade, A6.

The applicants rely on very similar pleas in law to the first and third pleas in law relied on in Case F-105/06. 1

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1 - OJ C 281, 18.11.2006, p. 45.