CELEX: C2005/045/53
Language: en
Date: 2005-02-19 00:00:00
Title: Case T-422/04: Action brought on 12 October 2004 by Luciano Lavagnoli against the Commission of the European Communities

19.2.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 45/23
            
         Action brought on 12 October 2004 by Luciano Lavagnoli against the Commission of the European Communities
   (Case T-422/04)
   (2005/C 45/53)
   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 12 October 2004 by Luciano Lavagnoli, residing in Berchem (Luxembourg), represented by Gilles Bounéou and Frédéric Frabetti, lawyers.
   The applicant claims that the Court should:
   
               1.
            
            
               annul the list of officials promoted in the 2003 promotions procedure in so far as that list does not include the name of the applicant and annul the preparatory measures for that decision;
            
         
               2.
            
            
               in the alternative annul the award of promotion points in the 2003 promotions procedure as regards the applicant;
            
         
               3.
            
            
               order the Commission to pay the costs.
            
         Pleas in law and main arguments:
   In support of his application the applicant relies on pleas alleging a breach of Article 45 of the Staff Regulations, a breach of the general implementing provisions for Article 45, a breach of the administrative guide to appraisal and promotion of officials and a breach of the principle of non-discrimination. The applicant also relies on the prohibition on arbitrary procedures and alleges a breach of the duty to state reasons and misuse of powers. He also alleges a breach of the principle of legitimate expectations and of the ‘patere legem quam ipse fecisti’ rule and, finally, a breach of the duty to have regard for the welfare of officials.