# C_2006310EN.01001302.xml

| 16.12.2006 | EN | Official Journal of the European Union | C 310/13 |
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16.12.2006

EN

Official Journal of the European Union

C 310/13

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Judgment of the Court of First Instance of 19 October 2006 — Buendía Sierra v Commission

(Case T-311/04) (1)

1

(Officials - Promotion - 2003 promotion procedure - Allocation of priority points)

(2006/C 310/25)

Language of the case: French

Parties

Applicant: José Luis Buendía Sierra (Brussels, Belgium) (represented by: M. van der Woude and V. Landes, lawyers)

Applicant:

Defendant: Commission of the European Communities (represented by: G. Berscheid and V. Joris, Agents, assisted by D. Waelbroeck, lawyer)

Defendant:

Re:

Annulment:

| — | of the decision of the Director General of the Commission's legal service to allocate only one Directorate General priority point to the applicant under the 2003 promotion procedure, communicated on 2 July 2003, confirmed by a decision of the Appointing Authority, notified on 16 December 2003; |
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of the decision of the Director General of the Commission's legal service to allocate only one Directorate General priority point to the applicant under the 2003 promotion procedure, communicated on 2 July 2003, confirmed by a decision of the Appointing Authority, notified on 16 December 2003;

| — | of the Appointing Authority's decision not to allocate any special priority points for additional activities in the interests of the institution to the applicant under the 2003 promotion procedure, notified by means of the Sysper 2 system on 16 December 2003; |
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of the Appointing Authority's decision not to allocate any special priority points for additional activities in the interests of the institution to the applicant under the 2003 promotion procedure, notified by means of the Sysper 2 system on 16 December 2003;

| — | of the following decisions: the Appointing Authority's decision to allocate a total of 20 points to the applicant under the 2003 promotion procedure; the merit list of Grade A5 officials under the 2003 procedure, published in Administrative Notice No 69-2003 of 13 November 2003; the list of officials promoted to Grade A4 under the 2003 procedure, published in Administrative Notice No 73-2003 of 27 November 2003; in any event, the decision not to include the applicant's name on those lists; |
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of the following decisions: the Appointing Authority's decision to allocate a total of 20 points to the applicant under the 2003 promotion procedure; the merit list of Grade A5 officials under the 2003 procedure, published in Administrative Notice No 69-2003 of 13 November 2003; the list of officials promoted to Grade A4 under the 2003 procedure, published in Administrative Notice No 73-2003 of 27 November 2003; in any event, the decision not to include the applicant's name on those lists;

Administrative Notice

Administrative Notice

| — | so far as necessary, of the Appointing Authority's decision of 15 June 2004 rejecting his complaint brought on 12 February 2004. |
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so far as necessary, of the Appointing Authority's decision of 15 June 2004 rejecting his complaint brought on 12 February 2004.

Operative part of the judgment

The Court:

| 1. | Annuls the Commission's decisions setting the applicant's total promotion points at 20 and refusing to include his name on the list of officials promoted to Grade A4 under the 2003 promotion procedure; |
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1.

Annuls the Commission's decisions setting the applicant's total promotion points at 20 and refusing to include his name on the list of officials promoted to Grade A4 under the 2003 promotion procedure;

| 2. | Dismisses the action as to the remainder; |
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2.

Dismisses the action as to the remainder;

| 3. | Orders the Commission to pay the costs. |
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3.

Orders the Commission to pay the costs.

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(1)  OJ C 262, 23.10.2004.

1

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