# C_2004300EN.01004802.xml

| 4.12.2004 | EN | Official Journal of the European Union | C 300/48 |
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4.12.2004

EN

Official Journal of the European Union

C 300/48

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Action brought on 5 October 2004 by Guido Strack against the Commission of the European Communities

(Case T-298/04)

(2004/C 300/94)

Language of the case: German

An action against the Commission of the European Communities was brought before the Court of First Instance of the European Communities on 5 October 2004 by Guido Strack, residing in Wasserliesch (Germany), represented by J. Mosar, lawyer, with an address for service in Luxembourg.

The applicant claims that the Court should:

| — | annul the promotion procedure for the year 2003 carried out in his regard pursuant to Article 45 of the Staff Regulations of Officials of the European Communities, the award of points made in that procedure, and the subsequent decision not to promote the applicant; |
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annul the promotion procedure for the year 2003 carried out in his regard pursuant to Article 45 of the Staff Regulations of Officials of the European Communities, the award of points made in that procedure, and the subsequent decision not to promote the applicant;

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

Pleas in law and main arguments

The action is brought against the manner in which the promotion procedure for 2003 was conducted, the non-award of priority points to the applicant, and the decision of the Appointing Authority under the 2003 promotion procedure not to promote the applicant to the next higher grade A 5.

The Applicant claims breach of the following provisions and general legal principles:

| — | Article 26 of the Staff Regulations |
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Article 26 of the Staff Regulations

| — | Article 25 of the Staff Regulations |
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Article 25 of the Staff Regulations

| — | Article 24, sentences 4 and 5 of the Staff Regulations |
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Article 24, sentences 4 and 5 of the Staff Regulations

| — | Article 110 in conjunction with Article 45 of the Staff Regulations |
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Article 110 in conjunction with Article 45 of the Staff Regulations

| — | Article 43 of the Staff Regulations |
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Article 43 of the Staff Regulations

| — | Article 45(1) of the Staff Regulations and the equality principle |
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Article 45(1) of the Staff Regulations and the equality principle

| — | the obligation on the Appointing Authority to pay due regard to the welfare of officials |
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the obligation on the Appointing Authority to pay due regard to the welfare of officials

| — | the provisions for implementing Article 45 of the Staff Regulations |
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the provisions for implementing Article 45 of the Staff Regulations

| — | Article 41 of the Charter of Fundamental Rights, the right to a fair administrative procedure, the welfare principle and the duty to provide a fair hearing |
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Article 41 of the Charter of Fundamental Rights, the right to a fair administrative procedure, the welfare principle and the duty to provide a fair hearing

| — | the duty to state reasons and not to act in an arbitrary manner |
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the duty to state reasons and not to act in an arbitrary manner

| — | the principle of the protection of legitimate expectations and the rule ‘Apatere legem quam ipse fecisti’ |
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the principle of the protection of legitimate expectations and the rule ‘Apatere legem quam ipse fecisti’

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