Case F-115/06: Action brought on 2 October 2006 — Sanchez Ferriz and Others v Commission
Date: 2006-12-02
Institutions: Civil Service Tribunal
Subjects: European Commission, European official, action by staff, promotion, staff assessment

C 294/66

EN

Official Journal of the European Union

2.12.2006

Action brought on 2 October 2006 — Sanchez Ferriz and
Others v Commission

Action brought on 26 September 2006 — Buckingham
and Others v Commission

(Case F-115/06)

(2006/C 294/130)

Language of the case: French

(Case F-116/06)

(2006/C 294/131)

Language of the case: French

Parties

Parties

Applicants: Anne Buckingham (Brussels, Belgium) and Others
(represented by: N. Lhoëst, lawyer)

Applicants: Carlos Sanchez Ferriz (Brussels, Belgium) and Others
(represented by: F. Frabetti, lawyer)

Defendant: Commission of the European Communities

Defendant: Commission of the European Communities

Form of order sought

Form of order sought

The applicant claims that the Civil Service Tribunal should:

— set aside the list of officials promoted under the 2005
promotion procedure in so far as that list does not include
the applicants' names and, incidentally, annul the prepara-
tory measures leading to that decision;

— in the alternative, annul the allocation of promotion points
during the promotion procedure mentioned above, in par-
ticular, in consequence of the recommendations made by
the promotion committees;

— order the defendant to pay the costs.

Pleas in law and main arguments

In support of their action, the applicants put forward five pleas,
alleging:

— in the first, infringement of Article 45 of the Staff Regula-

tions;

— in the second,

infringement of

the General Provisions

implementing that article;

— in the third, infringement of the principle of non-discrimi-

nation and a manifest error of assessment;

— in the fourth, infringement of Articles 6 and 10 of Annex

XIII to the Staff Regulations;

— in the fifth, infringement of the principles of the prohibi-
tion of arbitrary procedure and of the prohibition of the
abuse of powers, and infringement of the obligation to state
reasons.

— annul

the decision adopted by the Commission on 23
November 2005, published in Administrative Notices No
85-2005, in that it did not allocate any priority points to
the applicants, officials in grade A*12, recognising the work
carried out in the interests of the institution for 2004;

— in so far as necessary, annul the express decisions of the
Commission rejecting the complaints made by the appli-
cants pursuant to Article 90(2) of the Staff Regulations;

— order the defendant to pay the costs.

Pleas in law and main arguments

The action is based on infringement of Articles 9 and 13 of the
General Provisions for Implementing Article 45 of the Staff
Regulations and, as a subsidiary plea, on the unlawfulness of
the said provisions in that they result in discrimination and
infringe Article 5(5) of the Staff Regulations.

Action brought on 2 October 2006 — Loy v European
Parliament

(Case F-117/06)

(2006/C 294/132)

Language of the case: Italian

Parties

Applicant: Maddalena Loy (Rome,
Fratini, lawyer)

Italy)

(represented by: A.

Defendant: European Parliament