Case T-114/05: Action brought on 28 February 2005 by Joerg Peter Block and Others against the Commission of the European Communities
Date: 2005-05-14
Institutions: Court of First Instance
Subjects: European Commission, European official, action by staff, promotion, regulations for civil servants

14.5.2005

EN

Official Journal of the European Union

C 115/33

— annul

the decision of

the appointing authority of 23
November 2004 rejecting the complaint
lodged under
Article 90(2) of the Staff Regulations against the decision
the decision to
rejecting his candidature and against
appoint another candidate to the post;

— order compensation to be paid for the non-material damage
suffered, assessed on an equitable basis at EUR 5 000 by
way of damages, without prejudice to its increase or reduc-
tion in the course of proceedings;

— order the defendant to pay the costs.

Pleas in law and main arguments

In support of his application the applicant relies on a plea of
failure to state reasons for the contested decision in breach of
Article 25 of the Staff Regulations. He also raises pleas of
breach of the notice of vacancy, of Article 29(1) and Article 45
of the Staff Regulations, of the principles of equal treatment
and of the right to career advancement and a manifest error of
assessment, on the ground that his professional experience, his
responsibilities and his management and negotiating skills were
superior to those of the candidate selected. Finally the applicant
alleges misuse of powers.

Action brought on 28 February 2005 by Joerg Peter Block
the European
and Others against

the Commission of
Communities

(Case T-114/05)

(2005/C 115/59)

(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 28 February 2005 by Joerg Peter
Block, residing in Sterrebeek (Belgium), and 12 others, repre-
sented by Stéphane Rodrigues and Alice Jaune, lawyers.

The applicants claim that the Court should:

— annul the decisions of the appointing authority rejecting
the complaints of the applicants taken at the same time as
the decisions of the appointing authority of 1 May 2004
altering the applicants' grades to Grade A*8 or Grade B*8
as the case may be;

— annul the salary statements of the applicants implementing
the decision of the appointing authority to alter the appli-

cants' grades to Grade A*8 or Grade B*8 as the case may
be, from 1 May 2004;

— inform the appointing authority of the effects of the annul-
ment of
the
the contested decisions namely,
reclassification of the applicants' grades to Grade A*9 or
Grade B*9, as the case may be, with retroactive effect from
1 May 2004;

inter alia,

— in the alternative, order the Commission to recognise that
the applicants are eligible for promotion to Grade A*10 or
Grade B*10, as the case may be, when they are next
promoted;

— order the Commission to make good the damage suffered
by the applicants as a result of their not being classified in
Grade A*9 or Grade B*9, as the case may be, from 1 May
2004;

— order the defendant to bear the costs.

Pleas in law and main arguments

The applicants are all officials of the Commission who were
appointed at Grade A7 and B2 before the entry into force of
the new Staff Regulations on 1 May 2004. They contest their
classification in Grade A*8 and B*8 respectively pursuant to
Article 2 of Annex XIII to the Staff Regulations.

In support of their application the applicants submit that the
application to them of that provision is unlawful, as it breaches
Article 6 of the Staff Regulations, the principles of equivalence
of the old and new career structures and of equal treatment, as
well as the applicants' legitimate expectations and established
rights. The applicants also allege misuse of powers.

Action brought on 28 February 2005 by José Jiménez
the European
Martinez against

the Commission of

Communities

(Case T-115/05)

(2005/C 115/60)

(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 28 February 2005 by José Jiménez
Martinez, residing in Brussels, represented by Eric Boigelot,
lawyer.