CELEX: C2005/155/52
Language: en
Date: 2005-06-25 00:00:00
Title: Case T-156/05: Action brought on 18 April 2005 by Dimitra Lantzoni against the Court of Justice of the European Communities

25.6.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 155/27
            
         Action brought on 18 April 2005 by Dimitra Lantzoni against the Court of Justice of the European Communities
   (Case T-156/05)
   (2005/C 155/52)
   Language of the case: French
   An action against the Court of Justice of the European Communities was brought before the Court of First Instance of the European Communities on 18 April 2005 by Dimitra Lantzoni, residing in Luxembourg, represented by Michèle Bouché, lawyer.
   The applicant claims that the Court should:
   
               1.
            
            
               annul the decision of the Complaints Committee of 8 March 2005 in so far as it rejects the applicant's two complaints of 22 September 2004 directed respectively against the distribution of promotion points to which she was subject for 2002 and against her non-promotion under the 2003 promotion procedure;
            
         
               2.
            
            
               order the defendant to pay the costs.
            
         Pleas in law and main arguments
   In November 2003, the applicant, an official of the defendant, was informed that she had not been awarded any promotion points. She challenged that decision on the ground that her periodic report was not yet final when the promotion points were awarded. Following that challenge and the improvement of her report by the appeal assessor, the applicant's immediate superior reviewed her case in the light of her final report but again decided not to award her any promotion points for 2002. By her action, the applicant contests both the latter decision and the decision not to promote her under the 2003 procedure.
   In support of her action, the applicant alleges manifest error of assessment on the basis of an alleged lack of consistency between the decision not to award her any promotion points and the assessments and findings contained in her periodic report. She also claims that the defendant compared her merits not with those of all the officials of the institution who were eligible for the same promotion, but only with those of the other officials in her unit, in contravention both of Article 45 of the Staff Regulations and of point 8 of the Annex to the Decision of the Court of Justice relating to promotions. In addition, she alleges irregularities in the opinion of the Promotion Committee, namely failure to observe the audi alteram partem rule and the rights of the defence.
   As regards the challenging of the decision not to promote her, the applicant maintains that her periodic report does not in any way justify blocking her career, particularly since the criticisms made of her in her periodic reports are vague and unsubstantiated.