CELEX: C2006/096/57
Language: en
Date: 2006-04-22 00:00:00
Title: Case F-13/06: Action brought on  9 February 2006  — Zuleta de Reales Ansaldo v Court of Justice

22.4.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 96/36
            
         Action brought on 9 February 2006 — Zuleta de Reales Ansaldo v Court of Justice
   (Case F-13/06)
   (2006/C 96/57)
   Language of the case: French
   Parties
   
      Applicant: Leticia Zuleta de Reales Ansaldo (Luxembourg, Luxembourg) (represented by: G. Vandersanden, lawyer)
   
      Defendant: Court of Justice of the European Communities
   Form of order sought
   The applicant claims that the Court should:
   
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               Annul the decision of the appointing authority of the Court of Justice of 4 May 2005 appointing the applicant and grading her at grade A*7, step 2;
            
         
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               Reinstate the applicant at the grade (A*10, step 2) in which she should as a matter of course have been graded in accordance with the provisions in the notice of competition CJ/LA/25 in which she was a successful candidate;
            
         
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               Wholly restore the applicant's rightful career prospects with retrospective effect from the date on which she was graded at the grade and step thus adjusted, including interest for late payment;
            
         
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               Consequently, restore the applicant's right to the salary corresponding to grade A*10, step 2 as from her appointment and restore her pension rights and the benefits and allowances to which she is entitled as well as ensuring that, for promotion purposes, regard is had to the date of her appointment;
            
         
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               Order the Court of Justice to pay the costs.
            
         Pleas in law and main arguments
   The applicant took part in competition CJ/LA/25 aimed at constituting a reserve list of Spanish-language lawyer-linguists for grades LA7/LA6.
   After passing the competition, the applicant was informed that she had been appointed as a probationary official at grade A*7, step 2 in the Translation Directorate of the Court of Justice as from 16 May 2005.
   In her action the applicant challenges her classification at a lower grade pursuant to the entry into force of Council Regulation (EC, Euratom) No 723/2004 of 22 March 2004 amending the Staff Regulations of officials of the European Communities and the Conditions of Employment of other servants of the European Communities. (1)
   
   In support of her action, the applicant submits two pleas in law. The first consists of a plea of illegality against Article 12(3) and Article 13(2) of Annex XIII to the Staff Regulations. The second is based on the infringement of the principle of good administration, the duty to have regard for the welfare and interests of officials, the principle of transparency, the principle of good faith, the principle of equal treatment and the principle of non-discrimination.
   
      (1)  OJ L 124, of 27.04.2004, p. 1