Case T-287/05: Action brought on 15 July 2005 by Idoia Bengoa Geisler and two other officials against the Court of Justice of the European Communities
Date: 2005-09-17
Institutions: Court of First Instance
Subjects: Court of Justice of the European Union, European official, action by staff, professional career, regulations for civil servants

17.9.2005

EN

Official Journal of the European Union

C 229/35

Action brought on 15 July 2005 by Idoia Bengoa Geisler
and two other officials against the Court of Justice of the
European Communities

Action brought on 20 July 2005 by Harald Mische against
the Commission of the European Communities

(Case T-287/05)

(2005/C 229/74)

(Language of the case: French)

(Case T-288/05)

(2005/C 229/75)

(Language of the case: English)

An action against the Court of Justice of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 15 July 2005 by Idoia Bengoa
Geisler, Cristina López Roca and Maria Manuela Farrajota, resi-
dent in Luxembourg, represented by Sébastien Orlandi, Xavier
Martin, Albert Coolen, Jean-Noël Louis and Etienne Marchal,
lawyers, with an address for service in Luxembourg.

The applicants claim that the Court should:

— set aside the decisions to appoint the applicants officials of
the European Communities in so far as those decisions fix
their recruitment grade pursuant to Articles 12 and 13 of
Annex XIII to the Staff Regulations;

— order the defendant to pay the costs.

Pleas in law and main arguments

The applicants, officials of the Court of Justice recruited after 1
May 2004 as successful candidates in the competitions for
which the notices had been published before that date, chal-
lenge the alleged discrimination resulting from the fact that the
conditions under which they have been graded, in accordance
with Article 12 of Annex XIII to Regulation (EC, Euratom) No
723/2004 amending the Staff Regulations of Officials, are
different to those of successful candidates in the same competi-
tions recruited before that amendment to the Staff Regulations.
They submit, in support of their application, the same pleas in
law and arguments as those adduced in Case T-130/05 (1).

(1) OJ C 93 of 16.4.2005, p. 38.

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 20 July 2005 by Harald Mische,
resident in Brussels (Belgium), represented by G. Vandersanden
and L. Levi, lawyers.

The applicant claims that the Court should:

— grant the cancellation of the grading given in the recruit-
ment decision dated 11 November 2004 of the Appointing
Authority to grade the applicant on his recruitment to DG
Competition as junior lawyer at grade A*6, step 2, implying
the reinstatement of all his rights as deriving from a legal
and regular employment, i.e. a legal and regular grading as
of 16 November 2004, which means at minimum an A7/3
grading (valid as of 1 November 2003) or its equivalent
according to Articles 1-11 of Annex XIII of the Staff Regu-
lation (A*8/3);

— grant the award of damages ‘intérêts de retard’, compensa-
tion for his prejudice to his career, and other damages in
form of a legal and regular pay, notably the application of
the transitional provision contained in Article 21 of Annex
XIII of the Staff Regulation in force as of 1 May 2004 or,
alternatively, the lowering of contributions to the pension
scheme based on the principle of equal pay. These rights
will have to be duly evaluated at a later stage and are now
evaluated, provisionally and ex aequo et bono, at a
minimum of EUR 10 000 per year;

— order that the Commission pays all the costs.

Pleas in law and main arguments

The applicant participated in competition PE/96/A published
on 23 May 2002. He succeeded the competition and was put
on the reserve list on 27 May 2004. During this period, the
applicant had started working for the Commission, first as
temporary agent in grade A7, then as auxiliary agent in grade
B. Following the competition, the applicant was recruited by
the European Parliament with effect from 16 November 2004
and transferred to the Commission. The applicant was then
graded in grade A*6.