Case T-328/04: Judgment of the Court of First Instance of 9 October 2008 — Wilms v Commission (Action for annulment — Action for damages — Staff case — Promotion — Award of priority points)
Date: 2008-10-09
Institutions: Court of First Instance
Subjects: action for annulment (EU), civil servant, civil service, indemnification, promotion

6.12.2008

EN

Official Journal of the European Union

C 313/25

Re:

2. Dismisses the action as to the remainder;

An action for annulment of:

3. Orders the Commission to pay the costs.

— the decision of the Director General of the Legal Service of
the Commission to award the applicant only one Directo-
rate-General priority point for the 2003 promotion proce-
dure, communicated on 2 July 2003, confirmed by a deci-
sion of the appointing authority notified on 16 December
2003;

— the decision of the appointing authority not to award the
applicant any special priority points for additional activity in
the interests of
the institution for the 2003 promotion
procedure, notified through the Sysper 2 system on
16 December 2003;

— the following decisions:

the decision of

the appointing
authority to award the applicant a total of 20 points for the
2003 promotion procedure; the merit list of officials in
grade A 5 for the 2003 promotion procedure published in
Administrative Notices No 69-2003 of 13 November 2003;
the list of officials promoted to grade A 4 for the 2003
promotion procedure and published in Administrative
Notices No 73-2003 of 27 November 2003 and,
in any
event, the decision not to include the applicant's name on
those lists.

(1) OJ C 262, 23.10.2004.

Judgment of the Court of First Instance of 9 October 2008
— Wilms v Commission

(Case T-328/04) (1)

(Action for annulment — Action for damages — Staff case
— Promotion — Award of priority points)

(2008/C 313/44)

Language of the case: French

— in so far as it is necessary, the decision of the appointing
authority of 15 June 2004 rejecting the complaint brought
on 12 February 2004 by the applicant;

Parties

— the decision of 11 April 2007, notified on 16 April 2003,
by which the appointing authority decided to award the
applicant one additional priority point for the 2003 promo-
tion procedure, yielding a total of 2 priority points, and a
total number of 21 points;

and for a declaration of the nullity of all decisions taken in the
course of
the 2003 promotion procedure contested in the
present action and not replaced in 2007 and, in particular, the
merit list of officials in grade A 5 for the 2003 promotion
procedure, published in Administrative Notices No 69-2003 of
13 November 2003 and the list of officials promoted to
grade A 4 for the 2003 promotion procedure, published in
Administrative Notices No 73-2003 of 27 November 2003, and
compensation of EUR 5 000.

Operative part of the judgment

The Court:

1. Annuls the decisions of the Commission fixing the total promotion
points for the applicant at 21 points and refusing to include his
name on the list of officials promoted to grade A 4 for the 2003
promotion procedure;

Applicant: Günter Wilms (Brussels, Belgium) (represented by: M.
van der Woude and V. Landes and, subsequently, by M. van der
Woude, lawyers)

Defendant: Commission of the European Communities (repre-
sented by: H. Tserepa-Lacombe and V. Joris, Agents, and, subse-
quently,
and
D. Wealbroeck, lawyer)

and G. Berscheid, Agents,

by V.

Joris

Re:

An action for annulment of:

— the decision of the Director General of the Legal Service of
the Commission to award the applicant only one Directo-
rate-General priority point for the 2003 promotion proce-
dure, communicated on 2 July 2003, confirmed by a deci-
sion of the appointing authority notified on 19 December
2003;

— the decision of the appointing authority not to award the
applicant any special priority points for additional activity in
the interests of
the institution for the 2003 promotion
procedure, notified through the Sysper 2 system on
19 December 2003;

C 313/26

EN

Official Journal of the European Union

6.12.2008

— the following decisions:

the decision of

the appointing
authority to award the applicant a total of 19 points for the
2003 promotion procedure; the merit list of officials in
grade A 6 for the 2003 promotion procedure published in
Administrative Notices No 69-2003 of 13 November 2003;
the list of officials promoted to grade A 5 for the 2003
promotion procedure and published in Administrative
Notices No 73-2003 of 27 November 2003 and,
in any
event, the decision not to include the applicant's name on
those lists.

— in so far as it is necessary, the decision of the appointing
authority of 14 June 2004 rejecting the complaint brought
on 12 February 2004 by the applicant;

— the decision of the appointing authority of 17 April 2007
not to award the applicant any additional priority points for
the 2003 promotion procedure;

and for compensation of EUR 5 000.

Operative part of the judgment

The Court:

1. Annuls the decisions of the Commission fixing the total promotion
points for the applicant at 19 points and refusing to include his
name on the list of officials promoted to grade A 5 for the 2003
promotion procedure;

2. Dismisses the action as to the remainder;

3. Orders the Commission to pay the costs.

(1) OJ C 273, 6.11.2004.

Judgment of the Court of First Instance of 9 October 2008
— Miguelez Herreras v Commission

(Case T-407/04) (1)

(Action for annulment — Action for damages — Civil service
— Promotion — Award of priority points)

(2008/C 313/45)

Language of the case: French

Parties

Applicant: Benedicta Miguelez Herreras
(Brussels, Belgium)
(represented initially by M. van der Woude and V. Landes, then
M. van der Woude, lawyers)

Defendant: Commission of the European Communities (repre-
sented initially by H. Tserepa-Lacombe and V. Joris, then V. Joris
and G. Berscheid, Agents, and D. Waelbroeck, lawyer)

Re:

Application for annulment of:

— the decision of the Director General of the Commission
Legal Service to award the applicant 2 directorate general
priority points under the 2003 promotion exercise, notified
on 2 July 2003 and confirmed by a decision of the AIPN
notified on 16 December 2003;

— the following decisions: decision of the AIPN to award the
applicant a total of 23 points under the 2003 promotion
exercise; the merit list of Grade C2 officials under the 2003
promotion exercise;
list of officials promoted to
Grade C1 under the 2003 promotion exercise, published in
Administrative Notice No 76-2003 of 3 December 2003; in
any event, the decision not to include the applicant's name
on those lists;

the

— in so far as necessary, the decision of the AIPN of 17 June
2004 dismissing the complaint brought by the applicant on
24 February 2004;

— the decision of the AIPN of 17 April 2007 not to award the
applicant any supplementary priority points under the 2003
promotion exercise;

and a declaration that all
the decisions taken in the 2003
promotion exercise challenged in this action and not replaced in
2007 are non-existent, and in particular the merit list for offi-
cials in Grade C2 under the 2003 promotion exercise, published
in Administrative Notice No 71-2003 of 25 November 2003
and the list of officials promoted to Grade C1 under the 2003
in Administrative Notice
promotion
No 76-2003 of 3 December 2003 and seeking compensation of
EUR 5 000.

published

exercise

Operative part of the judgment

The Court:

1. Annuls

the Commission decisions

total
number of promotion points at 23 points and refusing to include
her on the list of officials promoted to Grade C1 under the 2003
promotion exercise.

setting the applicant's

2. Dismisses the action as to the remainder.

3. Orders the Commission to pay the costs.

(1) OJ C 300, 4.12.2004.