# C_2008313EN.01002601.xml

| 6.12.2008 | EN | Official Journal of the European Union | C 313/26 |
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6.12.2008

EN

Official Journal of the European Union

C 313/26

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Judgment of the Court of First Instance of 9 October 2008 — Miguelez Herreras v Commission

(Case T-407/04) (1)

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(Action for annulment - Action for damages - Civil service - Promotion - Award of priority points)

(2008/C 313/45)

Language of the case: French

Parties

Applicant: Benedicta Miguelez Herreras (Brussels, Belgium) (represented initially by M. van der Woude and V. Landes, then M. van der Woude, lawyers)

Applicant:

Defendant: Commission of the European Communities (represented initially by H. Tserepa-Lacombe and V. Joris, then V. Joris and G. Berscheid, Agents, and D. Waelbroeck, lawyer)

Defendant:

Re:

Application for annulment of:

| — | the decision of the Director General of the Commission Legal Service to award the applicant 2 directorate general priority points under the 2003 promotion exercise, notified on 2 July 2003 and confirmed by a decision of the AIPN notified on 16 December 2003; |
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the decision of the Director General of the Commission Legal Service to award the applicant 2 directorate general priority points under the 2003 promotion exercise, notified on 2 July 2003 and confirmed by a decision of the AIPN notified on 16 December 2003;

| — | the following decisions: decision of the AIPN to award the applicant a total of 23 points under the 2003 promotion exercise; the merit list of Grade C2 officials under the 2003 promotion exercise; the list of officials promoted to Grade C1 under the 2003 promotion exercise, published in Administrative Notice No 76-2003 of 3 December 2003; in any event, the decision not to include the applicant's name on those lists; |
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the following decisions: decision of the AIPN to award the applicant a total of 23 points under the 2003 promotion exercise; the merit list of Grade C2 officials under the 2003 promotion exercise; the list of officials promoted to Grade C1 under the 2003 promotion exercise, published in Administrative Notice No 76-2003 of 3 December 2003; in any event, the decision not to include the applicant's name on those lists;

| — | in so far as necessary, the decision of the AIPN of 17 June 2004 dismissing the complaint brought by the applicant on 24 February 2004; |
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in so far as necessary, the decision of the AIPN of 17 June 2004 dismissing the complaint brought by the applicant on 24 February 2004;

| — | the decision of the AIPN of 17 April 2007 not to award the applicant any supplementary priority points under the 2003 promotion exercise; |
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the decision of the AIPN of 17 April 2007 not to award the applicant any supplementary priority points under the 2003 promotion exercise;

and a declaration that all the decisions taken in the 2003 promotion exercise challenged in this action and not replaced in 2007 are non-existent, and in particular the merit list for officials in Grade C2 under the 2003 promotion exercise, published in Administrative Notice No 71-2003 of 25 November 2003 and the list of officials promoted to Grade C1 under the 2003 promotion exercise published in Administrative Notice No 76-2003 of 3 December 2003 and seeking compensation of EUR 5 000.

Operative part of the judgment

The Court:

| 1. | Annuls the Commission decisions setting the applicant's total number of promotion points at 23 points and refusing to include her on the list of officials promoted to Grade C1 under the 2003 promotion exercise. |
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1.

Annuls the Commission decisions setting the applicant's total number of promotion points at 23 points and refusing to include her on the list of officials promoted to Grade C1 under the 2003 promotion exercise.

| 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 300, 4.12.2004.

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