CELEX: C2004/273/56
Language: en
Date: 2004-11-06 00:00:00
Title: Case T-261/04: Action brought on 21 June 2004 by Alain Crespinet against the Commission of the European Communities

6.11.2004   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 273/28
            
         Action brought on 21 June 2004 by Alain Crespinet against the Commission of the European Communities
   (Case T-261/04)
   (2004/C 273/56)
   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 21 June 2004 by Alain Crespinet, resident in Rosières (Belgium), represented by Sébastien Orlandi, Albert Coolen, Jean-Noël Louis and Etienne Marchal, lawyers.
   The applicant claims that the Court should:
   
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               annul the decision awarding his priority points for the 2003 promotions exercise and the decision not to include the applicant in the list of officials promoted to grade A5 in the same exercise;
            
         
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               order the defendant to pay the costs.
            
         Pleas in law and main arguments:
   In the present case, the applicant objects to the refusal by the appointing authority of the institution to promote him to grade A5 in the 2003 promotions exercise, following the awarding, for that exercise, of an insufficient number of priority points to attain the points threshold necessary to be taken into consideration for a promotion.
   The applicant alleges the following in support of his action:
   
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               infringement of Articles 5, 7 and 26 of the Staff Regulations;
            
         
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               infringement of Articles 43 and 45 of the Staff Regulations and the appurtenant general provisions for implementing them;
            
         
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               infringement of the principle of correlation between grade and position;
            
         
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               infringement of the principle of career development;
            
         
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               infringement of the principle of equal treatment and non-discrimination.
            
         The applicant alleges in particular that the awarding of one point per year in the grade, as provided for in Article 12(3) of the general provisions for implementing Article 45 of the Staff Regulations, rewards grade seniority of officials eligible for promotion without taking account of their actual merit as demonstrated by them during those years and in relation to which the staff reports were drawn up.