Case T-302/05: Action brought on 2 August 2005 — Torijano Montero v Council
Date: 2005-11-12
Institutions: Court of First Instance
Subjects: Council of the European Union, European official, action by staff, promotion, regulations for civil servants, staff assessment

12.11.2005

EN

Official Journal of the European Union

C 281/23

Action brought on 2 August 2005 — Torijano Montero v
Council

Action brought on 10 August 2005 — Arko and Others v
Commission

(Case T-302/05)

(2005/C 281/43)

Language of the case: French

Parties

Applicant(s): Javier Torijano Montero (Brussels, Belgium) (repre-
sented by: S. Rodrigues, lawyer, A. Jaume, lawyer)

Defendant(s): Council of the European Union

Form of order sought

The applicant(s) claim(s) that the Court should:

Principally:

— annul the decision of the appointing authority rejecting the
applicant's complaint together with the decision of appoint-
ment adopted by the appointing authority on 20 October
2004 in so far as it determined his grade pursuant to
Article 12(3) of Annex XIII to the Staff Regulations;

— advise the appointing authority of the consequences of the
annulment of
in particular the
the contested decisions,
regrading of the applicant in grade A*8 with retroactive
effect as from 16 October 2004, the date on which the
decision of appointment of 20 October 2004 took effect;

In the alternative:

— order the Commission to compensate the loss suffered by
the applicant as a result of not having been graded, at least
in grade A*8, as from 16 October 2004, the date on which
the decision of appointment of 20 October 2004 took
effect.

In any event:

— order the defendant to pay all the costs.

Pleas in law and main arguments

The pleas in law and main arguments relied on by the applicant
are, for the most part, identical to those relied on in Case T-
207/05 Schulze v Commission. (1) The applicant also claims that
there has been a breach of the rules concerning the correspond-
ence between types of posts, on the one hand, and categories
and grades, on the other.

(Case T-314/05)

(2005/C 281/44)

Language of the case: French

Parties

Applicant(s): Eva Arko (Brussels, Belgium) and 28 others (repre-
sented by: S Rodrigues and A. Jaume, lawyers)

Defendant(s): Commission of the European Communities

The applicants claim that the Court should

Primarily:

— annul the decisions of appointment taken by the defendants
in that they determine the applicants' grade under Article
12(3) of Annex XIII to the Staff Regulations and their step
under the provisions in force since the 1 May 2004;

— state to the defendants what the effect is of the annulment
of the contested decisions and, in particular, of the reclassi-
fication of the applicants in accordance with the table of
equivalence in Article 2(1) of Annex XIII to the Staff Regu-
lations, with retroactive effect from the dates on which the
decisions to appoint the applicants took effect;

In the alternative:

— order the Commission to make reparation for the damage
the applicants suffered as a result of the fact that they were
not classified under Article 2(1) of Annex XIII to the Staff
Regulations,
from the dates on which the decisions to
appoint the applicants took effect.

(1) OJ C 193, 6.8.2005, p. 36.

In any event:

— order the defendants to pay all the costs.