# C_2004106EN.01008102.xml

| 30.4.2004 | EN | Official Journal of the European Union | C 106/81 |
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30.4.2004

EN

Official Journal of the European Union

C 106/81

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Action brought on 8 March 2004 by Luciano Lavagnoli against Commission of the European Communities

(Case T-95/04)

(2004/C 106/159)

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 8 March 2004 by Luciano Lavagnoli, residing in Berchem (Luxembourg), represented by Gilles Bounéou and Frédéric Frabetti, lawyers.

The applicant claims that the Court should:

| — | annul the 1999—2001 promotions procedure so far as concerns the applicant; |
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annul the 1999—2001 promotions procedure so far as concerns the applicant;

| — | in the alternative, annul the applicant's staff report in respect of the period 1 July 1999 to 30 June 2001 and, as a preliminary matter, the preparatory acts preceding that report; |
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in the alternative, annul the applicant's staff report in respect of the period 1 July 1999 to 30 June 2001 and, as a preliminary matter, the preparatory acts preceding that report;

| — | make an appropriate finding as to the costs, expenditure and fees incurred and order the Commission to pay them. |
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make an appropriate finding as to the costs, expenditure and fees incurred and order the Commission to pay them.

Pleas in law and main arguments

The applicant is challenging the decision of the appointing authority establishing his staff report for the period 1999—2001.

In support of his application, the applicant alleges:

| — | infringement of the general provisions implementing Article 43 of the Staff Regulations and breach of the principles of non-discrimination and sound administration; |
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infringement of the general provisions implementing Article 43 of the Staff Regulations and breach of the principles of non-discrimination and sound administration;

| — | infringement of the 1974 Framework Agreement signed by Action & Défense, of which the applicant was the secretary general during the reference period, and of Article 24a of the Staff Regulations, and interference with the freedom of association; |
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infringement of the 1974 Framework Agreement signed by Action & Défense, of which the applicant was the secretary general during the reference period, and of Article 24a of the Staff Regulations, and interference with the freedom of association;

| — | infringement of the agreement protocol signed on 18 May 1998 by the Commission and the unions; |
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infringement of the agreement protocol signed on 18 May 1998 by the Commission and the unions;

| — | disregard of the principle prohibiting arbitrary action and requiring reasons to be provided for decisions, and misuse of powers; |
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disregard of the principle prohibiting arbitrary action and requiring reasons to be provided for decisions, and misuse of powers;

| — | breach of the principle that legitimate expectations are to be protected; |
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breach of the principle that legitimate expectations are to be protected;

| — | failure to fulfil the duty to have regard for the welfare of officials. |
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failure to fulfil the duty to have regard for the welfare of officials.

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