10.7.2004   

EN

Official Journal of the European Union

C 179/16


Action brought on 14 May 2004 by Jürgen Carius against Commission of the European Communities

(Case T-173/04)

(2004/C 179/31)

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 14 May 2004 by Jürgen Carius, residing at Brussels, represented by N. Lhoëst, lawyer, with an address for service in Luxembourg.

The applicant claims that the Court should:

Annul the decision of the Director General of DG ADMIN of 21 May 2003 which confirms, without amendment, the applicant's career development review for the period from 1 July 2001 to 31 December 2002;

Annul, so far as necessary, the Commission's Decision of 23 December 2003, rejecting the applicant's complaint;

Order the defendant to pay all the costs of the proceedings.

Pleas in law and main arguments:

In support of his action, the applicant pleads the illegality of the new appraisal system based on non-objective criteria which do not enable the subject to ascertain, in sufficient time, the contents of his appraisal report in order to be able, if appropriate, to submit observations to the appraiser.

The applicant also pleads infringement of the duty to state reasons, in that the significant decline in the appraisal of his merits was not properly explained, and a manifest error of assessment.