# C_2005229EN.01003301.xml

| 17.9.2005 | EN | Official Journal of the European Union | C 229/33 |
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17.9.2005

EN

Official Journal of the European Union

C 229/33

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Action brought on 13 July 2005 by Daniele Baraldi and Others against the Commission of the European Communities

(Case T-283/05)

(2005/C 229/70)

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 13 July 2005 by Daniele Baraldi, resident in Alkmaar (Netherlands), Jacobus De Bruijn, resident in Ispra (Italy), and Christel Schilleger-Musset, resident in Brebbia (Italy), represented by Georges Vandersanden and Laure Levi, lawyers.

The applicants claim that the Court should:

| — | set aside the grade classification laid down for the applicants in the decisions relating to their recruitment in so far as that classification is based on Article 12(3) of Annex XIII to the new Staff Regulations; |
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set aside the grade classification laid down for the applicants in the decisions relating to their recruitment in so far as that classification is based on Article 12(3) of Annex XIII to the new Staff Regulations;

| — | consequently, reconstruct the applicants' career bracket (including the assessment of their experience in the grade thereby rectified, and of their promotion and pension rights, which were determined, in particular, in accordance with Article 21 of Annex XIII to the Staff Regulations), to reflect the grade in which they should have been appointed on the basis of the notice of competition pursuant to which they were placed on the recruitment reserve list, either that stated in the competition notice, or in the equivalent grade in accordance with the new Staff Regulations (and in the appropriate step in accordance with the rules applicable before 1 May 2004), as from the appointment decision; |
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consequently, reconstruct the applicants' career bracket (including the assessment of their experience in the grade thereby rectified, and of their promotion and pension rights, which were determined, in particular, in accordance with Article 21 of Annex XIII to the Staff Regulations), to reflect the grade in which they should have been appointed on the basis of the notice of competition pursuant to which they were placed on the recruitment reserve list, either that stated in the competition notice, or in the equivalent grade in accordance with the new Staff Regulations (and in the appropriate step in accordance with the rules applicable before 1 May 2004), as from the appointment decision;

| — | award the applicants payment of default interest, on the basis of the rate fixed by the European Central Bank, on the total sum corresponding to the difference between the salary for the grade laid down in the recruitment decision and that for the grade to which they should have been entitled up to the date of the decision as to their correct grade; |
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award the applicants payment of default interest, on the basis of the rate fixed by the European Central Bank, on the total sum corresponding to the difference between the salary for the grade laid down in the recruitment decision and that for the grade to which they should have been entitled up to the date of the decision as to their correct 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 the main arguments raised by the applicants are identical to those raised in Case T-58/05 Centeno Mediavilla and Others v Commission
   (1).

Centeno Mediavilla and Others

Commission

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(1)  OJ C 93 of 13.4.2005, p. 38.

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