CELEX: C2005/281/47
Language: en
Date: 2005-11-12 00:00:00
Title: Case T-320/05: Action brought on 23 August 2005 — Maccanti v European Economic and Social Committee

12.11.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 281/25
            
         Action brought on 23 August 2005 — Maccanti v European Economic and Social Committee
   (Case T-320/05)
   (2005/C 281/47)
   Language of the case: French
   Parties
   
      Applicant(s): Sandra Maccanti (Woluwé-St-Pierre, Belgium) (represented by: L. Vogel, lawyer)
   
      Defendants: European Economic and Social Committee
   Form of order sought
   The applicant claims that the Court should:
   
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               Annul the decision adopted by the appointing authority on 11 May 2005 (notified on 13 May 2005) rejecting the applicant's complaint of 22 March 2005 challenging her grading when her contract as a member of the temporary staff, previously entered into on 7 July 2004, was renewed on 23 December 2004;
            
         
               —
            
            
               So far as may be necessary, also annul the decision setting the grade in the contract extending her employment as a member of the temporary staff, signed on 23 December 2004;
            
         
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               Order the defendant to pay the costs.
            
         Pleas in law and main arguments
   The applicant was recruited as a member of the temporary staff of the European Economic and Social Committee for an initial period of six months beginning on 1 January 2004. That contract was then renewed for the period from 7 July 2004 to 31 December 2004. Upon that renewal she was graded at Grade B*4, step 2, passing then upon an advance in step in December 2004 to Grade B*4/3.
   On 23 December 2004, the applicant was invited to sign a new contract renewing her engagement until 31 December 2006. In the new contract, she was graded at Grade B*3/1.
   By the present action, the applicant challenges that less favourable grading. She alleges an infringement of Articles 8 and 15 of the conditions of employment of other servants of the European Communities. In her view, it is clear from those provisions that the renewal of a contract of a member of the temporary staff is merely an extension in time of its effects and that, therefore, the grading of that member cannot be changed on the occasion of that renewal.
   The applicant further alleges an infringement of the principle of non-discrimination, submitting that some of the members of the defendant's temporary staff had their contracts renewed keeping their original grading, and infringement of her legitimate expectations.