Case T-407/04: Action brought on 1 October 2004 by Benedicta Miguelez Herreras against the Commission of the European Communities
Date: 2004-12-04
Institutions: Court of First Instance
Subjects: European Commission, European official, action by staff, equal treatment, promotion, regulations for civil servants, staff assessment

C 300/50

EN

Official Journal of the European Union

4.12.2004

Action brought on 4 October 2004 by André Bonnet
against the Court of Justice of the European Communities

(Case T-406/04)

(2004/C 300/96)

(Language of the case: French)

An action against the Court of Justice of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 4 October 2004 by André Bonnet,
residing in Saint Pierre de Vassols (France), represented by
Hervé de Lépinau,
lawyer, with an address for service in
Luxembourg.

The applicant claims that the Court should:

— annul the decisions of 11 February 2004, 4 March 2004
and 2 July 2004, and also the decision appointing another
person to the post which was to have been filled by the
applicant;

Action brought on 1 October 2004 by Benedicta Miguelez
the European
Herreras

the Commission of

against

Communities

(Case T-407/04)

(2004/C 300/97)

(Language of the case: French)

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 22 July 2004 by Benedicta Miguelez
Herreras, residing in Brussels, represented by Marc van der
Woude and Valérie Landes, lawyers.

The applicant claims that the Court of First Instance should:

— annul the decision of the Director General of the Legal
Service to award her only one Directorate-General priority
point for the 2003 promotion period, which was confirmed
and made definitive by the decision of
the Appointing
Authority rejecting her informal appeal;

— annul the Appointing Authority's decision to award her a
total of 23 points for the 2003 promotion year, the list of
merit of Grade C2 officials for the promotion year 2003,
the list of officials promoted to Grade C1 in the promotion
year 2003 and, in any case, the decision not to enter her
name in those lists;

— hold that the recruitment of 4 February 2004 must take full

— annul, so far as may be necessary, the decision rejecting her

effect as from 1 March 2004;

complaint;

— order the Court of Justice of the European Communities to
pay the applicant the sum of EUR 100 000 for non-mate-
rial damage and also the sum of EUR 5 000 a month with
effect from 1 March until such time as the applicant actu-
ally takes up his duties;

— in the alternative,

if the decision of the Court of First
Instance should not make it inevitable that the applicant
take up his duties, order the Court of Justice to pay the
applicant a total sum of EUR 260 000 plus interest at the
statutory rate as from the date of the present application;

— order the defendant to pay the costs.

Pleas in law and main arguments

The pleas in law and main arguments put forward in this case
are similar to those put forward in Case T-132/04 José Luis
Buendía Sierra v Commission.

— in any case, order the Court of Justice of the European

Communities to pay the costs.

Action brought on 4 October 2004 by Anke Kröppelin
against the Council of the European Union

Pleas in law and main arguments:

The pleas in law put forward by the applicant are exactly the
same as those that he put forward in Case T-132/04 (1).

(1) OJ C 168 of 26 June 2004, p. 7.

(Case T-408/04)

(2004/C 300/98)

(Language of the Case: French)

An action against the Council of the European Union was
brought before the Court of First Instance of the European
Communities on 4 October 2004 by Anke Kröppelin, resident
in Brussels, represented by Sébastien Orlandi, Albert Coolen,
Jean-Noël Louis and Etienne Marchal, lawyers, with an address
for service in Luxembourg.