Action brought on 9 May 2005 by Jean-François Vivier against the Commission of the European Communities

(Case C-T-196/05)

(2005/C 193/51)

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 9 May 2005 by Jean-François Vivier, residing in Le Petten (Netherlands), represented by Sébastien Orlandi, Albert Coolen and Etienne Marchal, lawyers, with an address for service in Luxembourg.

The applicant claims that the Court should:

Pleas in law and main arguments

The applicant was recruited by the Commission as a temporary servant, in a post for which the level of responsibility had been fixed in the vacancy notice by reference to grades A7 to A4, which under the new system are equivalent to grades A*8 to A*12. Upon recruitment, however, his classification was fixed in grade A*6.

The applicant claims that that decision should be annulled; he maintains that it fails to take account of Article 9 of the Rules applicable to other servants, since he was recruited at a grade below the level of responsibility envisaged for his post. The applicant further contends that Article 12 of Annex XIII to the Staff Regulations, on which the Commission relies in order to justify its decision on classification, does not apply in his case, as he entered the service after 30 April 2004.