# C_2005315EN.01001501.xml

| 10.12.2005 | EN | Official Journal of the European Union | C 315/15 |
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10.12.2005

EN

Official Journal of the European Union

C 315/15

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Action brought on 26 September 2005 — Mische/Parliament

(Case T-365/05)

(2005/C 315/28)

Language of the case: English

Parties

Applicant(s): Harald Mische (Brussels, Belgium) [represented by: G. Vandersanden, L. Levi, lawyers]

Applicant(s):

Defendant(s): European Parliament

Defendant(s):

Form of order sought

| — | Order the cancellation of the grading given on the 4 October 2004 in the appointment decision of the Nominating Authority which was to take effect 16 November to grade him on his recruitment to DG Competition as ‘junior lawyer’ at category A*, grade 6, step 1, implying the reinstatement of all his rights as deriving from a legal and regular employment, i.e. a legal and regular grading as of 16 November 2004, which means at minimum an A7/3 grading (valid as of 1 November 2003) or its equivalent according to Articles 1-11 of Annex XIII of the Staff Regulations (A*8/3); |
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Order the cancellation of the grading given on the 4 October 2004 in the appointment decision of the Nominating Authority which was to take effect 16 November to grade him on his recruitment to DG Competition as ‘junior lawyer’ at category A*, grade 6, step 1, implying the reinstatement of all his rights as deriving from a legal and regular employment, i.e. a legal and regular grading as of 16 November 2004, which means at minimum an A7/3 grading (valid as of 1 November 2003) or its equivalent according to Articles 1-11 of Annex XIII of the Staff Regulations (A*8/3);

| — | grant the award of damages with (i) Aintérêts de retard@, compensation for his prejudice to his career, and (ii) other damages in form of a legal and regular pay, notably the application of the transitional provision contained in Article 21 of Annex XIII of the Staff Regulation in force as of 1 May 2004 or, alternatively, the lowering of contributions to the pension scheme based on the principle of equal pay. These rights will have to be duly evaluated at a later stage and are now evaluated, provisionally and ex aequo et bono, at a minimum of 10 000 euros per year; |
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grant the award of damages with (i) Aintérêts de retard@, compensation for his prejudice to his career, and (ii) other damages in form of a legal and regular pay, notably the application of the transitional provision contained in Article 21 of Annex XIII of the Staff Regulation in force as of 1 May 2004 or, alternatively, the lowering of contributions to the pension scheme based on the principle of equal pay. These rights will have to be duly evaluated at a later stage and are now evaluated, provisionally and ex aequo et bono, at a minimum of 10 000 euros per year;

ex aequo et bono

| — | order that the Parliament pays all the costs. |
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order that the Parliament pays all the costs.

Pleas in law and main arguments

The applicant, an official appointed after the entry into force of the new Staff Regulations on 1st May 2004, but from a reserve list drawn up on the basis of a competition organised before that date, contests his appointment grade. He invokes the same pleas and arguments he had already invoked in Case T-288/05 (1).

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(1)  OJ C 229, 17/09/05, p. 35

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