Action brought on 8 October 2004 by Nadine Schmit against the Commission of the European Communities

(Case T-419/04)

(2005/C 6/79)

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 8 October 2004 by Nadine Schmit, residing in Ispra (Italy), represented by Pierre Paul Van Gehuchten and Pierre Jadoul, lawyers, with an address for service in Luxembourg.

The applicant claims that the Court should:

Pleas in law and main arguments

The applicant, an official of the Commission, took sick leave in October 2002. She has received an invalidity pension since September 2003. It was on that basis that the appointing authority decided not to draw up a staff report for the applicant for the period 2001-2002. She therefore received no merit or priority points for the promotion year 2003 and her name was not included in the list of officials promoted to Grade C2.

The applicant challenges the decisions at issue, pleading infringement of Article 43 of the Staff Regulations and of the general provisions implementing that article (decision of the Commission of 26 April 2002) and of the principles of equal treatment and proper administration. In that context, the applicant claims that the Commission was not entitled, at the end of 2002 or at the beginning of 2003, to regard the applicant as an official less than a year away from retirement for whom there was no reason to draw up a staff report. Challenging the decision not to promote her to Grade C2, the applicant alleges breach of Article 45 of the Staff Regulations and of the principles of equal treatment and proper administration.