Case T-294/02: Action brought on 25 September 2002 by Miguel Vicente-Núñez against Commission of the European Communities
Date: 2002-11-23
Institutions: Court of First Instance
Subjects: action for annulment (EU), administrator, damages, power to appoint, promotion

23.11.2002

EN

Official Journal of the European Communities

C 289/35

Action brought on 25 September 2002 by Miguel Vicente-
Núñez against Commission of the European Communities

(Case T-294/02)

(2002/C 289/64)

(Language of the case: French)

has or will have received since 1 April 2000 as pay and
subsequently as
in view of his
retirement pension,
classification as Grade A5/3+1 on 1 April 2000, and the
total of the amounts which he should have received, on
the same grounds and during the same period had he
been reclassified in Grade A5/2+6 on 1 April 1998,
minus, if appropriate, the compensation already paid to
the applicant for the same reason;

In any event:

— order

the Commission to pay to the

applicant
EUR 5 000 as compensation for the non-material damage
caused to him by the unlawful nature of the contested
decisions;

An action against the Commission of the European Com-
mission was brought before the Court of First Instance of the
European Communities on 25 September 2002 by Miguel
Vicente-Núñez, residing in Krainem (Brussels), represented by
Marc-Albert Lucas, lawyer.

— order the Commission to pay the costs.

Pleas in law and main arguments

The applicant claims that the Court should:

— annul the decision of 17 October 2001 of the appointing
authority to promote the applicant to Grade A5/3+1 with
effect from 1 April 2000 rather than to Grade A5/2+6
on 1 April 1998;

— order the Commission to pay to the applicant by way of
compensation for the harm done to his career arising
from the contested decisions an amount corresponding
to the difference between the total remuneration received
since 1 April 2000 until the judgment in the present case
is delivered and the total remuneration which he should
have received during the same period if he had been
reclassified to Grade A5/2+6 on 1 April 1998, minus, if
appropriate, the compensation already paid to the appli-
cant for the same reason;

— order the Commission to pay to the applicant default
interest at the rate of 8 % per annum on that amount,
with effect from the date on which that remuneration
should have been paid to him until full payment.

In the alternative:

— annul the decision of 11 June 2002 of the appointing
authority following the administrative complaint of
30 January 2002 inasmuch as it grants the applicant
compensation of EUR 1 000 for non-material damage
and harm to his career which leaves in place its decision
of 17 October 2001 to promote him to Grade A5/3+1
on 1 April 2000 rather than to Grade A5/2+6 on 1 April
1998;

— order the Commission to pay to the applicant, by way of
making good the non-material damage caused to him as
a result of the contested decisions, an amount correspond-
ing to the difference between the total of the amounts he

The applicant in the present case, like the applicant in Case
T-10/99 (1), challenges the manner in which, in compliance
with the judgment delivered in that case, the appointing
authority finally decided to appoint him to Grade A 5, Step 3,
while fixing his period of service in that grade by reference to
1 March 2000 rather than to 1 April 1998.

In support of his arguments, the applicant puts forward a
single plea in law in which he alleges breach of the obligation
to comply with the aforementioned judgment and of the
principles of equal treatment and that officials should have
reasonable career prospects,
the contested
decision leaves in place, for the period between 1 April 1998
and 1 March 2000, certain unlawful aspects criticised by the
Court of First Instance, by placing him in a less favourable
position than his colleagues who were promoted to Grade A 5
during the 1998 promotion procedure for promotion from
one career bracket to the next and by reducing his chances of
being promoted earlier to a higher grade.

inasmuch as

(1) T-10/99 Vicente Núñez v Commission [2000] ECR-SC I-A-47; II-

203.

Action brought on 27 September 2002 by Koninklijke
BAM NBM N.V. v Commission of the European Communi-
ties

(Case T-295/02)

(2002/C 289/65)

(Language of the case: Dutch)

An action against Commission of the European Communities
was brought before the Court of First Instance of the European