Case T-415/04: Action brought on 6 October 2004 by Vittoria Tebaldi and Others against the Commission of the European Communities
Date: 2004-12-04
Institutions: Court of First Instance
Subjects: European Commission, European official, action by staff, promotion, staff assessment

C 300/52

EN

Official Journal of the European Union

4.12.2004

The applicant claims that the Court should:

The applicant claims that the Court should:

— annul the decisions by the Commission not to increase the
number of DG priority points awarded to the applicant in
the context of the 2003 appraisal and not to promote the
applicant to Grade A5 during the 2003 promotions exer-
cise,
together with the appointing authority's decision
replying to the applicant's objections (R/673/03 and R/716/
03);

— order the Commission to pay to the applicant the sum of
EUR 3 000 by way of compensation for the non-material
damage suffered by him;

— order the Commission to pay the costs.

— annul the list of officials promoted in the 2003 promotions
procedure insofar as that list does not include the names of
the applicants and, by way of an ancillary measure, annul
the preparatory measures for that decision;

in the alternative,

— annul the award of promotion points in the 2003 promo-
tions procedure inter alia following recommendations from
the promotion committees;

— make an order as to costs, expenses and fees and order the
Commission of the European Communities to pay them.

Pleas in law and main arguments

Pleas in law and main arguments

This action follows on from that in Case T-272/04 which chal-
lenged the tacit decision rejecting the complaints submitted by
the same applicant. Since the appointing authority finally
adopted express rejection decisions, it is specifically those deci-
sions whose annulment is sought in the present case.

the decisions at

In support of his claims, the applicant essentially maintains
that
issue constitute a disguised sanction
imposed on the applicant, owing to his secondment in the
interests of the service to the Court of Justice, and did not take
appropriate account of his merits.

The pleas raised in the application are based on infringement
of the rules governing the appraisal and promotion of officials,
the principles of non-discrimination and proportionality, and
on an allegation of a misuse of powers.

Action brought on 6 October 2004 by Vittoria Tebaldi
the European
and Others against

the Commission of
Communities

(Case T-415/04)

(2004/C 300/101)

(Language of the case: French)

The applicants
the
appointing authority to promote them to a higher grade in the
2003 promotions procedure.

in this case challenge the refusal of

In support of their claims they plead the infringement:

— of Article 45 of the Staff Regulations and its general imple-

menting rules;

— of the administrative guide entitled ‘Appraisal and Promo-

tion of Officials’;

— of the principles of non-discrimination and the prohibition
the obligation to state

on arbitrary procedures and of
reasons for measures;

— of the principle of the protection of legitimate expectations

and

— of the duty to have regard to the welfare of officials.

Action brought on 15 October 2004 by Regione
Autonoma Friuli Venezia Giulia against the Commission of
the European Communities

(Case T-417/04)

(2004/C 300/102)

(Language of the case: Italian)

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 6 October 2004 by Vittoria Tebaldi,
residing in Tervuren (Belgium), Vicente Tejero Gazo, residing in
Sterrebeek (Belgium), Victor González Martínez, residing in
Brussels, and Alessandro Giovannetti,
residing in Ernster
(Luxembourg), represented by Gilles Bounéou and Fréderic
Frabetti, lawyers, with an address for service in Luxembourg.

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 15 October 2004 by Regione
Autonoma Friuli Venezia Giulia, represented by Enzo Bevi-
lacqua and Fausto Capelli.