# C_2005006EN.01003402.xml

| 8.1.2005 | EN | Official Journal of the European Union | C 6/34 |
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8.1.2005

EN

Official Journal of the European Union

C 6/34

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JUDGMENT OF THE COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 26 October 2004

in Case T-55/03: Philippe Brendel v Commission of the European Communities (1)

1

(Officials - Appointment - Classification in grade and step - Additional seniority - Action for damages)

(2005/C 6/67)

Language of the case: French

In Case T-55/03: Philippe Brendel, official of the Commission of the European Communities, residing in Brussels (Belgium), represented by G. Vandersanden and L. Levi, lawyers, against the Commission of the European Communities (Agents: J. Currall, F. Clotuche-Duvieusart, assisted by Me D. Waelbroeck, lawyer, with an address for service in Luxembourg) — application, first, for annulment of the Commission's decision classifying the applicant in Grade A 7, step 2, and, second, for damages to compensate the damage allegedly suffered by the applicant — the Court of First Instance (Second Chamber), composed of: J. Pirrung, President, A.W.H. Meij and N. Forwood, Judges; B. Pastor, Deputy Registrar, has given a judgment on 26 October 2004, in which it:

| 1. | Orders the Commission to pay the default interest on the sum consisting of the difference between the remuneration payable to the applicant corresponding to Grade A 7, step 3, and the remuneration corresponding to Grade 7, step 2, from 16 April 2001; this interested is to be computed as from the various dates on which each payment, under the Staff Regulations, ought to have been made until payment has been made in full. The rate of interest to be applied is to be calculated on the basis of the rated fixed by the European Central Bank for principal refinancing operations, applicable during the various phases of the period concerned, increased by two points; |
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1.

Orders the Commission to pay the default interest on the sum consisting of the difference between the remuneration payable to the applicant corresponding to Grade A 7, step 3, and the remuneration corresponding to Grade 7, step 2, from 16 April 2001; this interested is to be computed as from the various dates on which each payment, under the Staff Regulations, ought to have been made until payment has been made in full. The rate of interest to be applied is to be calculated on the basis of the rated fixed by the European Central Bank for principal refinancing operations, applicable during the various phases of the period concerned, increased by two points;

| 2. | Declare that there is no longer any need to rule on the claim for payment of the difference between the remuneration owed to the applicant, corresponding to Grade A 7, step 2, from 16 March 2001; |
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2.

Declare that there is no longer any need to rule on the claim for payment of the difference between the remuneration owed to the applicant, corresponding to Grade A 7, step 2, from 16 March 2001;

| 3. | Dismisses the remainder of the action; |
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3.

Dismisses the remainder of the action;

| 4. | Orders the Commission to pay its own costs and three quarters of the applicant's costs; |
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4.

Orders the Commission to pay its own costs and three quarters of the applicant's costs;

| 5. | Orders the applicant to pay a quarter of his own costs. |
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5.

Orders the applicant to pay a quarter of his own costs.

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(1)  OJ C 101 of 26.4.2003.

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