Case T-433/04: Action brought on 22 October 2004 by Angela Davi against the Commission of the European Communities
Date: 2005-01-08
Institutions: Court of First Instance
Subjects: European Commission, European official, action by staff, equal treatment, personnel administration, promotion, regulations for civil servants, staff assessment

C 6/42

EN

Official Journal of the European Union

8.1.2005

The applicant claims that the Court should:

The applicant claims that the Court should:

— Annul the Appointing Authority's decision adopted on 5
July 2004 rejecting the applicant's complaint dated 26
February 2004, by which he challenged the decision
refusing to promote him from Grade C2 to Grade C1, for
the 2003 promotion procedure;

— Annul the Appointing Authority's decision adopted on 2
July 2004 rejecting the applicant's complaint dated 1 March
2004, by which she challenged the decision refusing to
promote her from Grade C3 to Grade C2, for the 2003
promotion procedure;

— If, and in so far as necessary, annul also the Appointing
Authority's original decision in December 2003 refusing to
promote the applicant from Grade C2 to Grade C1, for the
2003 promotion procedure;

— If, and in so far as necessary, annul also the Appointing
Authority's original decision in December 2003 refusing to
promote the applicant from Grade C3 to Grade C2, for the
2003 promotion procedure;

— Order the Defendant to pay the costs.

Pleas in law and main arguments

In support of his action, the applicant relies on infringement of
Article 45 of the Staff Regulations, breach of the principle of
non-discrimination and manifest error of assessment. The appli-
cant submits that
the new promotion procedure does not
provide a proper fair examination of officials' individual merits
since the examination is made only by comparison with the
other officials of the same Directorate-General.

The applicant also alleges that Article 12 of the General Provi-
sions implementing Article 45 of the Staff Regulations infringes
that Article and amounts to discrimination in that certain offi-
cials were,
in the course of the 2003 promotion procedure,
awarded additional priority points on the sole ground that they
were proposed for promotion in 2002 without actually being
promoted.

The applicant also relies on breach of the principle of legiti-
mate expectations.

— Order the Defendant to pay the costs.

Pleas in law and main arguments

The pleas in law and main arguments are the same as those in
Case T-432/04.

Action brought on 22 October 2004 by Alex Milbert and
Others against the Commission of the European Commu-
nities

(Case T-434/04)

(2005/C 6/83)

Action brought on 22 October 2004 by Angela Davi
against the Commission of the European Communities

(Language of the case: French)

(Case T-433/04)

(2005/C 6/82)

(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 October 2004, by Angela Davi,
residing in Brussels, represented by L. Vogel, lawyer.

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 22 October 2004, by Alex Milbert,
residing in Hesperange (Luxembourg), Imre Czigàny, residing in
Rhode St. Genèse (Belgium), José Manuel De la Cruz González,
residing in Brussels, Viviane Deveen,
residing in Overijse
(Belgium), Mohammad Reza Fardoom, residing in Roodt-sur-
residing in Hünsdorf
Syre (Luxembourg), Laura Gnemmi,
in Bertrange
residing
(Luxembourg), Marie-José Reinard,
(Luxembourg), Vassilios
in Kraainem
residing
Stergiou,
(Belgium) and Ioannis Terezakis, residing in Brussels, repre-
sented by G. Bounéou and F. Frabetti, lawyers.