Case T-470/04: Action brought on 19 November 2004 by Thomas Peyker against Commission of the European Communities
Date: 2005-03-05
Institutions: Court of First Instance
Subjects: European Commission, European official, action by staff, personnel administration, promotion, regulations for civil servants

C 57/28

EN

Official Journal of the European Union

5.3.2005

Action brought on 19 November 2004 by Thomas Peyker
against Commission of the European Communities

Action brought on 6 December 2004 by Mr Georgios
Karatzoglou against the European Agency for Reconstruc-
tion

(Case T-470/04)

(2005/C 57/47)

(Language of the case: French)

(Case T-471/04)

(2005/C 57/48)

(Language of the case: English)

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 19 November 2004 by Thomas
residing in Santo Domingo (Dominican Republic),
Peyker,
represented by S. Orlandi, A. Coolen,
J.-N. Louis and E.
Marchal, lawyers, with an address for service in Luxembourg.

The applicant claims that the Court should:

An action against the European Agency for Reconstruction was
brought before the Court of First Instance of the European
Communities on 6 December 2004 by Mr Georgios Karatzo-
glou, Ioannina, Greece, represented by S. A. Pappas, lawyer.

— annul the Commission's decision to award points making
up the ‘rucksack’, and the decision not to promote the
applicant to Grade A6 in the 2003 promotion procedure;

The applicant claims that the Court should:

— order the defendant to pay the costs.

Pleas in law and main arguments

— cancel the implicit rejection of the complaint of the appli-
cant and, subsequently, the termination of his contract;

— order the Agency to pay the costs of the proceedings.

The applicant in this case challenges the appointing authority's
refusal to promote him to Grade A6 in the 2003 promotion
procedure, and the award of insufficient, in that regard, merit/
priority points making up his ‘rucksack’.

Pleas in law and main arguments

In support of his claims, the applicant alleges breach of Articles
43 and 45 of the Staff Regulations, and of the principles of
non-discrimination and that officials should have reasonable
career prospects.

the refusal

in that regard,

to award him
that
He submits,
special additional priority points just because, although he had
been put forward for promotion by his Directorate-General in
the preceding promotion procedure, he was not within the
limit of 150 % of the available promotions, amounts to assimi-
lating him to officials who were not put forward by their
superiors for the preceding procedure, in breach of the prin-
ciple that merit is the determining criterion for all promotions.

In addition, transitional priority points were awarded in this
case without taking account of the staff reports established for
the reference period and without having considered compara-
tive merits.

The applicant was recruited as a temporary agent by the defen-
dant,
in accordance with Article 2(a) of the Conditions of
employment of other servants of the European Communities.
On 7 May 2003, his contract was renewed for an indefinite
period. The applicant contests the subsequent termination of
his contract in application of Article 47(2) of the Conditions of
employment.

In support of his application, the applicant submits a lack of
reasoning of the termination of the contract. According to the
applicant, the defendant had bound itself not to terminate the
contract unless there would be a need for a reduction or
winding-up of its operations. The applicant claims that this is
not the case and is not even invoked. The applicant further-
more submits a breach of his legitimate expectations, an infrin-
gement of Article 47 of the Conditions of employment and a
misuse of powers. Finally, the applicant submits a violation of
the principle of good administration since, according to the
applicant, the supposed need to reduce the staff was caused by
unreasonable management.