# C_2005193EN.01003202.xml

| 6.8.2005 | EN | Official Journal of the European Union | C 193/32 |
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6.8.2005

EN

Official Journal of the European Union

C 193/32

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Action brought on 18 May 2005 by José María Perez Santander against Council of the European Union

(Case T-201/05)

(2005/C 193/55)

Language of the case: French

An action against the Council of the European Union was brought before the Court of First Instance of the European Communities on 18 May 2005 by José María Perez Santander, residing in Ixelles (Belgium), represented by G. Vandersanden and L. Levi, lawyers.

The applicant claims that the Court should:

| — | annual the classification in grade granted to the applicant in his recruitment decision, in so far as that classification is based on Article 12(3) of Annex XIII to the new Staff Regulations; |
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annual the classification in grade granted to the applicant in his recruitment decision, in so far as that classification is based on Article 12(3) of Annex XIII to the new Staff Regulations;

| — | in consequence, reconstitute the applicant's career (including recognition of his experience in the grade thus amended, his rights to promotion and his pension entitlement), on the basis of the grade in which he should have been appointed as stated in the competition notice following which he was placed on the reserve list for recruitment, either in the grade appearing in that competition notice, or, corresponding to its equivalent according to the classification in the new Staff Regulations (and the appropriate step in accordance with the rules applicable before 1 May 2004), on the basis of the decision appointing him; |
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in consequence, reconstitute the applicant's career (including recognition of his experience in the grade thus amended, his rights to promotion and his pension entitlement), on the basis of the grade in which he should have been appointed as stated in the competition notice following which he was placed on the reserve list for recruitment, either in the grade appearing in that competition notice, or, corresponding to its equivalent according to the classification in the new Staff Regulations (and the appropriate step in accordance with the rules applicable before 1 May 2004), on the basis of the decision appointing him;

| — | award the applicant default interest based on the rate applied by the European Central Bank for its main refinancing operation, during the period concerned, plus 2 points, on all the sums corresponding to the difference between the salary corresponding to his classification in his recruitment decision and the classification to which he should have been entitled up to the date of the decision properly classifying him in grade; |
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award the applicant default interest based on the rate applied by the European Central Bank for its main refinancing operation, during the period concerned, plus 2 points, on all the sums corresponding to the difference between the salary corresponding to his classification in his recruitment decision and the classification to which he should have been entitled up to the date of the decision properly classifying him in grade;

| — | order the defendant to pay all the costs. |
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order the defendant to pay all the costs.

Pleas in law and main arguments

The pleas in law and main arguments are identical to those invoked in Case T-58/95, Centeno Mediavilla and Others v Commission
   (1).

Centeno Mediavilla and Others

Commission

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(1)  OJ C 93 of 16.4.2005, p. 38.

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