Action brought on 19 November 2004 by Thomas Peyker against Commission of the European Communities

(Case T-470/04)

(2005/C 57/47)

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 19 November 2004 by Thomas Peyker, residing in Santo Domingo (Dominican Republic), represented by S. Orlandi, A. Coolen, J.-N. Louis and E. Marchal, lawyers, with an address for service in Luxembourg.

The applicant claims that the Court should:

Pleas in law and main arguments

The applicant in this case challenges the appointing authority's refusal to promote him to Grade A6 in the 2003 promotion procedure, and the award of insufficient, in that regard, merit/priority points making up his ‘rucksack’.

In support of his claims, the applicant alleges breach of Articles 43 and 45 of the Staff Regulations, and of the principles of non-discrimination and that officials should have reasonable career prospects.

He submits, in that regard, that the refusal to award him special additional priority points just because, although he had been put forward for promotion by his Directorate-General in the preceding promotion procedure, he was not within the limit of 150 % of the available promotions, amounts to assimilating him to officials who were not put forward by their superiors for the preceding procedure, in breach of the principle that merit is the determining criterion for all promotions.

In addition, transitional priority points were awarded in this case without taking account of the staff reports established for the reference period and without having considered comparative merits.