Case T-437/04: Action brought on 1 November 2004 by Holger Standertskjöld-Nordenstam against the Commission of the European Communities
Date: 2005-01-08
Institutions: Court of First Instance
Subjects: European Commission, European official, action by staff, personnel administration, promotion

C 6/44

EN

Official Journal of the European Union

8.1.2005

The applicant claims that the Court should:

Pleas in law and main arguments

— Annul the list of officials promoted under the 2003 proce-
dure, in so far as that list does not include the applicant's
name, and, incidentally, the formal measures leading to that
decision;

— Alternatively, annul

the allocation of promotion points

under the 2003 procedure in relation to the applicant;

— Order the Commission to pay the costs.

Pleas in law and main arguments

In support of his action, the applicant relies on pleas in law
and main arguments identical to those pleaded by the appli-
cants in Case T-434/04.

The applicant was proposed by his Directorate-General
for
promotion to Grade A3 in the 2003 procedure. The Consulta-
tive Committee on Appointments established a list of fourteen
officials most deserving of promotion. The applicant was not
on it, having been placed fifteenth. The Appointing Authority
subsequently decided to add the names of 2 cabinet members
to the list. On that basis the applicant alleges, in support of his
action, that the contested decision infringes Article 45 of the
Staff Regulations, since the merits of those 2 cabinet members
were not compared with those of the other officials, including
the applicant.

The applicant also relies on a second plea in law alleging
breach of Article 4.2 of the Commission's decision of 19 July
1988. In that context, the applicant alleges that the promotions
the Consultative
were made without
Committee on Appointments and that the list of the most
deserving officials should have included a number of officials'
names exceeding the possible promotions by 50 % and not, as
in this case, a number of names equal to the number of avail-
able posts.

the prior opinion of

Action brought on 1 November 2004 by Holger Stan-
the
dertskjöld-Nordenstam against

the Commission of

European Communities

The applicant pleads, lastly, breach of the duty to state reasons.

(Case T-437/04)

(2005/C 6/86)

(Language of the case: French)

Action brought on 29 October 2004 by Elke Huober
against the Council of the European Union

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 1 November 2004, by Holger Stan-
dertskjöld-Nordenstam, residing in Waterloo (Belgium), repre-
sented by T. Demaseure, lawyer.

The applicant claims that the Court should:

— Annul the Commission's decision not to include the appli-
cant's name on the list, published in Administrative Notices
No 84-2003 of 19 December 2003, of the officials most
deserving of promotion to Grade A3 in the ‘second round’
of the 2003 promotion procedure;

— Order the defendant to pay the costs.

(Case T-438/04)

(2005/C 6/87)

(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 29 October 2004 by Elke Huober, resident in
Brussels, represented by Sébastien Orlandi, Albert Coolen, Jean-
Noël Louis and Etienne Marchal, lawyers.