Case T-419/05: Action brought on  18 November 2005  — Bain and Others v Commission
Date: 2006-02-25
Institutions: Court of First Instance
Subjects: European Commission, European official, action by staff, regulations for civil servants, remuneration of work

C 48/36

EN

Official Journal of the European Union

25.2.2006

Action brought on 18 November 2005 — Sanchez Ferriz v
Commission

Action brought on 18 November 2005 — Bain and Others
v Commission

(Case T-413/05)

(2006/C 48/70)

Language of the case: French

(Case T-419/05)

(2006/C 48/71)

Language of the case: French

Parties

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

Defendant: Commission of the European Communities

Parties

Applicants: Neil Bain (Brussels, Belgium), Obhijit Chatterjee
(Brussels, Belgium), Richard Fordham (Bergen, Netherlands) and
Roger Hurst (Bergen, Netherlands) (represented by: N. Lhoëst,
lawyer)

Defendant: Commission of the European Communities

Form of order sought

Form of order sought

The applicants claim that the Court should:

The applicant claims that the Court should:

— annul the applicant's career development report (REC/CDR)

for the period 1.7.2001 — 31.12.2002;

— order the Commission of the European Communities to

pay the costs.

Pleas in law and main arguments

In support of his action, the applicant first submits that Article
26 of the Staff Regulations has been infringed, on the ground
that his staff report is not physically present in his personal
file, but is stored in electronic form and that there is no sign of
the first version of that report either in the paper file or in the
electronic file.

The applicant also claims infringement of Article 43 of the
Staff Regulations, of the General Implementing Provisions for
that latter article and of the Appraisal Guide and the special
guide for the 2001-2002 exercise, on account of the fact that
the appraisers are required by the Commission to comply with
a ‘target’ average in respect of appraisal.

The applicant next submits that the system of merit points,
established by the Commission, makes it possible to classify
equally a number of officials with varying levels of performance
which, in the applicant's view, infringes the principle of equal
treatment.

Lastly, the applicant claims breach of the prohibition of arbi-
trary procedures and of the duty to state reasons, an abuse of
powers, breach of the principle of protection of
legitimate
expectations, of the rule patere legem quam ipse fecisti (abide by
your own rules) and of the duty to have regard for the welfare
and/or interests of officials.

— annul the applicants' pay slips for the months of February,
March and April 2005, and all subsequent pay slips, to the
extent that they apply the unlawful provisions of Regulation
No 723/2004 of 22 March 2004 amending the Staff Regu-
lations of Officials of the European Communities, and of
Regulation No 856/2004 fixing the new correction coeffi-
cients and Regulation No 31/2005 adjusting them;

— as far as is necessary, annul the decisions of the appointing
authority of 29 July 2005,
rejecting the applicants'
complaints (R/458.14/05, R/458.5/05, R/458.12/05 and R/
458.2/05);

— order the defendant to pay all the costs in the case.

Pleas in law and main arguments

The pleas in law and arguments relied on by the applicants are
identical to those relied on by the applicant in Case T-393/05.

Action brought on 3 November 2005 — Kay v Commis-
sion

(Case T-421/05)

(2006/C 48/72)

Language of the case: French

Parties

Applicant: Roderick Neil Kay (Brussels, Belgium)
by: T. Bontinck and J. Feld, lawyers)

(represented

Defendant: Commission of the European Communities