Action brought on 22 November 2004 by Manuel Simões Dos Santos against the Office for Harmonisation in the Internal Market

(Case T-435/04)

(2005/C 6/84)

Language of the case: French

An action against the Office for Harmonisation in the Internal Market was brought before the Court of First Instance of the European Communities on 22 November 2004, by Manuel Simões Dos Santos, residing in Alicante (Spain), represented by A.C. Carreras, lawyer.

The applicant claims that the Court should:

Pleas in law and main arguments

The applicant in this case was promoted to Grade A5 in the 2002 promotion procedure. On that occasion, the Appointing Authority notified him of an outstanding balance of 54.19 points. Nevertheless, by letter of 15 December 2003 from the Department of Human Resources, he learnt that his points total at 30 September 2003 was only 1.5 points. It follows from that letter, which constitutes the contested decision, that that reduction in points is not the result of the conversion of the points awarded before the new system established by the Office's decision ADM-03-35, but of a complete cancellation thereof, in consequence of the application of the new rule for starting at zero after promotion, as laid down in that decision.

In support of his claims, the applicant first of all pleads breach of the principles of legality, legal certainty and non-retroactivity, in so far as there are no exceptional circumstances, in this case, which could justify the withdrawal of the balance of points already awarded to an official and to which he was entitled under the regime in force at the time.

The applicant also pleads breach of the principles of protection of legitimate expectations and of non-discrimination, and of the duty to state reasons.