# C_2005193EN.01002902.xml

| 6.8.2005 | EN | Official Journal of the European Union | C 193/29 |
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6.8.2005

EN

Official Journal of the European Union

C 193/29

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Action brought on 4 May 2005 by Franky Callewaert and Others against Commission of the European Communities

(Case T-192/05)

(2005/C 193/49)

Language of the case: French

An action against the Commission of the European Communities was brought before the Court of First Instance of the European Communities on 4 May 2005 by Franky Callewaert, residing in Roeselare (Belgium) and Others, represented by Georges Vandersanden and Laure Levi, lawyers.

The applicants claim that the Court should:

| — | annul the classification in grade granted to the applicants in their recruitments decisions, in so far as that classification is based on Article 12(3) of Annex XIII to the new Staff Regulations; |
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annul the classification in grade granted to the applicants in their recruitments decisions, in so far as that classification is based on Article 12(3) of Annex XIII to the new Staff Regulations;

| — | reconstitute the applicants' careers (including recognition of their experience in the grade thus amended, their rights to promotion and their pension entitlement), on the basis of the grade to which they should have been appointed on the basis of the competition notice following which they were placed on the reserve recruitment list, either in the grade appearing in that vacancy 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 them; |
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reconstitute the applicants' careers (including recognition of their experience in the grade thus amended, their rights to promotion and their pension entitlement), on the basis of the grade to which they should have been appointed on the basis of the competition notice following which they were placed on the reserve recruitment list, either in the grade appearing in that vacancy 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 them;

| — | award the applicants default interest on the basis of the rate fixed by the European Central Bank for principal refinancing arrangements applicable during the relevant period, plus two percentage points, on all sums corresponding to the difference between the salary corresponding to their classification in the recruitment decision and the classification to which they should have been entitled up to the date of the decision properly classifying them in grade; |
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award the applicants default interest on the basis of the rate fixed by the European Central Bank for principal refinancing arrangements applicable during the relevant period, plus two percentage points, on all sums corresponding to the difference between the salary corresponding to their classification in the recruitment decision and the classification to which they should have been entitled up to the date of the decision properly classifying them in grade;

| — | order the Commission to pay the entire costs. |
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order the Commission to pay the entire costs.

Pleas in law and main arguments

The pleas in law and main arguments put forward are the same as those in Case T-58/05 and similar to those in Cases T-130/05, T-160/05, T-162/05, T-164/05, T-170/05 and T-183/05.

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