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Document C2005/006/76

Case T-393/04: Action brought on 30 September 2004 by Dirk Klaas against the European Parliament

OJ C 6, 8.1.2005, p. 39–39 (ES, CS, DA, DE, ET, EL, EN, FR, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV)

8.1.2005   

EN

Official Journal of the European Union

C 6/39

Action brought on 30 September 2004 by Dirk Klaas against the European Parliament

(Case T-393/04)

(2005/C 6/76)

Language of the case: German

An action against the European Parliament was brought before the Court of First Instance of the European Communities on 30 September 2004, by Dirk Klaas, represented by R. Moos, Rechtsanwalt.

The Applicant claims that the Court should:

—

Declare void the annulment of 2 promotion points by the Director General for Personnel on 12 February 2004, confirmed by the letter of rejection from the Secretary General of the European Parliament of 30 June 2004, insofar as 2 promotion points, which had been awarded for the period before 1999, were taken away from the applicant;

—

Annul that letter in that respect and declare that the 2 promotion points are to be carried over to subsequent years;

—

Order the defendant to pay the costs.

Pleas in law and main arguments

The applicant is an official of the Parliament. He was promoted to A6 with retrospective effect as of 1 January 1999. In the course of the promotion procedure all the promotion points earned by the applicant before 1999 were removed from him. By way of grounds, the Parliament referred to the judgment of the Court of Justice in Case T-30/02 Leonhardt v Parliament, which, in its view, allowed the removal of points.

In support of his application the applicant argued that the transitional rule that all points earned before 1999 were to be removed in the event of promotion, was in breach of Article 45 of the Staff Regulations. In the view of the applicant, that rule was unnecessary, disproportionate and contrary to the principle of equality. He also submitted that the present case was not comparable to Case T-30/02.

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