Case T-320/05: Action brought on 23 August 2005 — Maccanti v European Economic and Social Committee
Date: 2005-11-12
Institutions: Court of First Instance
Subjects: European Economic and Social Committee, action by staff, personnel administration, promotion, servant (EU)

12.11.2005

EN

Official Journal of the European Union

C 281/25

Action brought on 17 August 2005 — De Geest v Council

Form of order sought

(Case T-318/05)

(2005/C 281/46)

Language of the case: French

Parties

Applicant(s): Johan De Geest (Rhode-St-Genèse, Belgium) (repre-
sented by: S. Orlandi, X. Martin, A. Coolen, J.-N. Louis, E.
Marchal, lawyers)

Defendant(s): Council of the European Union

The applicant claims that the Court should:

— Annul the decision adopted by the appointing authority on
11 May 2005 (notified on 13 May 2005) rejecting the
applicant's complaint of 22 March 2005 challenging her
grading when her contract as a member of the temporary
staff, previously entered into on 7 July 2004, was renewed
on 23 December 2004;

— So far as may be necessary, also annul the decision setting
the grade in the contract extending her employment as a
member of the temporary staff, signed on 23 December
2004;

Form of order sought

— Order the defendant to pay the costs.

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

— annul

the decision of

the Council of 3 January 2005
rejecting the applicant's claim to be recruited in grade A6
or A7, which have been renamed A*10 and A*8 since 1
May 2004;

Pleas in law and main arguments

— order the defendant to pay the costs.

Pleas in law and main arguments

The pleas in law and main arguments relied on by the applicant
are identical to those relied on in Case T-164/05 De Geest v
Council. (1)

The applicant was recruited as a member of the temporary staff
of the European Economic and Social Committee for an initial
period of six months beginning on 1 January 2004. That
contract was then renewed for the period from 7 July 2004 to
31 December 2004. Upon that renewal she was graded at
Grade B*4, step 2, passing then upon an advance in step in
December 2004 to Grade B*4/3.

(1) OJ C 171, 9.7.2005, p. 28.

Action brought on 23 August 2005 — Maccanti v Euro-
pean Economic and Social Committee

(Case T-320/05)

(2005/C 281/47)

Language of the case: French

Parties

Applicant(s): Sandra Maccanti
(represented by: L. Vogel, lawyer)

(Woluwé-St-Pierre, Belgium)

Defendants: European Economic and Social Committee

On 23 December 2004, the applicant was invited to sign a
new contract renewing her engagement until 31 December
2006. In the new contract, she was graded at Grade B*3/1.

By the present action, the applicant challenges that less favour-
able grading. She alleges an infringement of Articles 8 and 15
of the conditions of employment of other servants of the Euro-
pean Communities. In her view, it is clear from those provi-
sions that
the
temporary staff is merely an extension in time of its effects and
that, therefore, the grading of that member cannot be changed
on the occasion of that renewal.

the renewal of a contract of a member of

The applicant further alleges an infringement of the principle
of non-discrimination, submitting that some of the members of
the defendant's temporary staff had their contracts renewed
keeping their original grading, and infringement of her legiti-
mate expectations.