CELEX: C2004/047/74
Language: en
Date: 2004-02-21 00:00:00
Title: Case T-438/03: Action brought on 26 December 2003 by Kelvin William Stephens against Commission of the European Communities

C 47/40                EN                           Official Journal of the European Union                                         21.2.2004
4.    Infringement (in various respects) of Article 73 of Regu-             European Communities on 26 December 2003 by Kelvin
      lation No 1605 of 2002 and Article 32 of Council                      William Stephens, residing in Brussels, represented by Nicolas
      Regulation (EC) No 1260 of 21 June 1999 (3), in that the              Lhoëst, lawyer, with an address for service in Luxembourg.
      Commission unlawfully retained the credit owed to the
      Regione Siciliana substantially after the time when a                 The applicant claims that the Court should:
      lawful and unexceptionable application for payment had
      been made.                                                            —     Annul the decision of the appointing authority dated
                                                                                  23 December 2002, in so far as it did not award the
(1) Council Regulation (EC, Euratom) No 1605/2002 of 25 June                      applicant additional seniority and therefore reclassified
    2002 on the Financial Regulation applicable to the general budget             him in Grade A6, Step 2, instead of Grade A6, Step 3;
    of the European Communities (OJ 2002 L 248 of 16.09.02, p. 1).
(2) Commission Regulation (EC, Euratom) No 2342/2002 of                     —     Annul, so far as necessary, the decision of the appointing
    23 December 2002 laying down detailed rules for the implemen-                 authority of 4 September 2003, notified to the applicant
    tation of Council Regulation (EC, Euratom) No 1605/2002 on the                on 17 September 2003, rejecting complaint R/155/03;
    Financial Regulation applicable to the general budget of the
    European Communities (OJ 2002 L 357 of 31.12.02, p. 1).                 —     Order the defendant to pay all the costs of the proceed-
(3) Council Regulation (EC) No 1260/1999 of 21 June 1999 laying                   ings.
    down general provisions on the Structural Funds (OJ 1999 L 161
    of 26.06.1999, p. 1).
                                                                            Pleas in law and main arguments
                                                                            Following the judgments of the Court of Justice in Cases
                                                                            C-389/98 P and C-459/98 P, the Commission reconsidered
                                                                            under Article 31(2) of the Staff Regulations the classification
Action brought on 26 December 2003 by Kelvin William                        of officials who used remedies within the meaning of Article 91
Stephens against Commission of the European Communi-                        of the Staff Regulations. Following that exercise, the Com-
                                 ties                                       mission adopted the contested decision in respect of the
                                                                            applicant.
                          (Case T-438/03)
                                                                            In support of his action, the applicant claims, as regards
                           (2004/C 47/74)                                   additional seniority, that there has been a breach of the
                                                                            Commission decisions of 6 June 1973 and 1 September 1983
                   (Language of the case: French)                           on the criteria applicable to appointment in grade and to
                                                                            classification in step on recruitment, a breach of Article 5(3)
                                                                            of the Staff Regulations, and of the principle of equal treatment
An action against the Commission of the European Communi-                   and, last, a breach of Article 25(2) of the Staff Regulations and
ties was brought before the Court of First Instance of the                  of the obligation to state reasons.