CELEX: C2005/006/88
Language: en
Date: 2005-01-08 00:00:00
Title: Case T-441/04: Action brought on 2 November 2004 by Jean-Claude Heyraud against the Commission of the European Communities

8.1.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 6/45
            
         Action brought on 2 November 2004 by Jean-Claude Heyraud against the Commission of the European Communities
   (Case T-441/04)
   (2005/C 6/88)
   Language of the case: French
   An action against the Commission of the European Communities was brought before the Court of First Instance of the European Communities on 2 November 2004, by Jean-Claude Heyraud, residing in Brussels, represented by S. Orlandi, A. Cooolen, J.-N. Louis and E. Marchal, lawyers, with an address for service in Luxembourg.
   The applicant claims that the Court should:
   
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               Annul the Commission's decision establishing the list of officials promoted to Grade A3 in the second round of the 2003 promotion procedure, and rejecting the applicant's candidature;
            
         
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               Order the Commission to pay the costs.
            
         Pleas in law and main arguments
   The applicant in this case, an official in Grade A4, objects to the Appointing Authority's refusal to promote him to the higher grade in the second round of the 2003 promotion procedure.
   In support of his claims, he pleads infringement of Article 45 of the Staff Regulations and breach of the principle of non-discrimination.
   He states, in that regard, that the Commission ‘standardised’ the merit points awarded by the Directorates-General and Services to officials in middle management in Grade A4 eligible for promotion, for the purposes of considering their comparative merits as prescribed by the Staff Regulations. The standardised mark is fixed in relation to the average merit points awarded to the officials in Grade A4 eligible for promotion to Grade A3 in the second round.
   The method used by the Commission is relevant only provided that the average is calculated on the basis of a sufficient number of eligible officials. Since he was the only official in Grade A4 in his Service eligible for promotion in the second round of the 2003 procedure, the applicant was awarded a standardised mark of 100 regardless of his merits and the specific criteria used by his Service to fix merit points.