Case T-433/05: Action brought on  18 November 2005  — Sanchez Ferriz v Commission
Date: 2006-02-11
Institutions: Court of First Instance
Subjects: European Commission, European official, action by staff, promotion, regulations for civil servants, staff assessment

11.2.2006

EN

Official Journal of the European Union

C 36/35

Pleas in law and main arguments

The applicant is a corporate body inter alia responsible for the
research and development
continued testing and further
regarding an alternative cement product known as energetically
modified cement. The applicant introduced a complaint before
the Commission under Regulation 17/62, accusing the Euro-
pean producers of Portland cement (the type of cement which
is predominant in the European market) of a series of beha-
viours constituting serious violations of Article 81 EC. More
specifically, the complaint concerned the EN 197-1 standard,
adopted in the context of directive 89/106 (1). According to the
applicant, this standard was purposefully designed to favour
existing major players in the market to the exclusion of other
cement producers or market challenging products and technol-
ogies. This was allegedly achieved through close cooperation
the European
between the
the duly
Committee for standardisation and CEMBUREAU,
appointed trade association of European cement producers, the
vast majority of whose members are well established Portland
cement producers.

sub-committee of

technical

The applicant now challenges
the decision rejecting its
complaint. It alleges that the offending standard amounts to a
horizontal cooperation agreement in violation of Article 81 EC.
In the alternative, the applicant contends that the standard
breaches the aims of Articles 28 and 29 EC and cannot, in any
event, be justified at a Member State level under Article 30 EC.

(1) Council Directive 89/106 of 21 December 1998 on the approxima-
the
relating to Construction products, OJ L 40

laws, regulations and administrative provisions of

tion of
Member States
11.12.1989, p.12

Action brought on 18 November 2005 — Sanchez Ferriz v
Commission

(Case T-433/05)

(2006/C 36/73)

Language of the case: French

Parties

Applicant: Carlos Sanchez Ferriz (Brussels, Belgium) (represented
by: F. Frabetti, lawyer)

Defendant: Commission of the European Communities

Form of order sought

The applicant claims that the Court should:

as an incidental plea, the preparatory measures for that
decision;

— Annul the allocation of promotion points during the 2004
in particular, following the recommendations of

exercise,
the promotion committees;

— Order the Commission of the European Communities to

pay the costs.

Pleas in law and main arguments

The applicant, a Commission official, challenges the decision
not to promote him during the 2004 exercise. In support of
his action, he submits that the definitive version of his career
development report for the period from 1 July 2001 to 31
December 2002 had not been compiled by the time the
contested decision was adopted.
the
opinion that when allocating 'priority points' to officials for the
purpose of their classification with a view to promotion, the
Commission gave excessive weight to the 'remainder' of the
officials who, although they had reached the promotion
threshold, had not been promoted during the earlier exercises.
The applicant also levels a more general criticism against the
allocation of points which, he states, fails to comply with the
requirement to carry out a comparative examination of merits
for the purpose of promotion.

In addition, he is of

the General

On that basis, the applicant alleges infringement of Article 45
of the Staff Regulations, and of
Implementing
Provisions and the Commission's Administrative Guide for
assessment and promotion,
infringement of the principle of
non-discrimination, infringement of the principle of prohibition
infringement of the duty to give
against arbitrary treatment,
reasons, infringement of the principle of the protection of legit-
imate expectations and infringement of the duty to have regard
for the interests of officials.

(1) List published in Administrative Notice No 130 - of 30.11.2004

Order of the Court of First Instance of 17 November 2005
— Grijseels and Lopez Garcia v European Economic and
Social Committee

(Case T-162/05) (1)

(2006/C 36/74)

Language of the case: French

The President of the Fourth Chamber has ordered that the case
be removed from the register.

— Annul the list of officials promoted under the 2004 exer-
cise (1), insofar as that list does not include his name, and,

(1) OJ C 171, 9.7.2005.