# C_2005093EN.01003601.xml

| 16.4.2005 | EN | Official Journal of the European Union | C 93/36 |
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16.4.2005

EN

Official Journal of the European Union

C 93/36

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Action brought on 31 January 2005 by Pila Ange Serrano and Others against European Parliament

(Case T-47/05)

(2005/C 93/67)

Language of the case: French

An action against the European Parliament was brought before the Court of First Instance of the European Communities on 31 January 2005 by Pilar Ange Serrano, residing in Luxembourg, Jean-Marie Bras, residing in Luxembourg, Dominiek Decoutere, residing in Wolwelange (Luxembourg), Armin Hau, residing in Luxembourg, Adolfo Orcajo Teresa, residing in Brussels, and Francisco Javier Solana Ramos, residing in Woluwe-Saint-Lambert (Belgium, represented by Eric Boigelot, lawyer.

The applicants claim that the Court should:

| — | annul the decision containing the applicants' new classification in grade, which was communicated to them, respectively, by an undated and unsigned letter from the Director General for Personnel; |
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annul the decision containing the applicants' new classification in grade, which was communicated to them, respectively, by an undated and unsigned letter from the Director General for Personnel;

| — | annul any act consecutive to and/or relating to that decision, even one adopted subsequent to the present action; |
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annul any act consecutive to and/or relating to that decision, even one adopted subsequent to the present action;

| — | order the European Parliament to pay damages, evaluated on an equitable basis at EUR 60 000 for each applicant, subject to any increase or reduction during the proceedings; |
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order the European Parliament to pay damages, evaluated on an equitable basis at EUR 60 000 for each applicant, subject to any increase or reduction during the proceedings;

| — | in any event, order the defendant to pay the costs. |
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in any event, order the defendant to pay the costs.

Pleas in law and main arguments

The applicants are all officials of the European Parliament who were successful in a competition for a change in category (from category D to category C, or from category C to category B) after the entry into force, on 1 May 2004, of the reform of the Staff Regulations. They claim that their reclassification in grade according to the new Staff Regulations is less favourable to them than that which they would have obtained had they not been successful in the competitions in question.

In support of their application, the applicants rely, first of all, on an objection of illegality concerning Regulation No 723/2004 (1) amending the Staff Regulations, based on alleged breach of the obligation to state reasons, the principles of legal certainty, legitimate expectations, proportionality and equal treatment. They also claim that, in adopting the contested decisions, the European Parliament failed to comply with either its duty to have regard for the welfare of its officials or the principle of good administration.

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(1)  Council Regulation (EC, Euratom) No 723/2004 of 22 March 2004 amending the Staff Regulations of officials of the European Communities and the Conditions of Employment of other servants of the European Communities (OJ L 124 of 27.04.2004, p. 1).

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