Action brought on 3 November 2005 — Kay v Commission

(Case T-421/05)

(2006/C 48/72)

Language of the case: French

Parties

Applicant: Roderick Neil Kay (Brussels, Belgium) (represented by: T. Bontinck and J. Feld, lawyers)

Defendant: Commission of the European Communities

Form of order sought

The applicant claims that the Court should:

Pleas in law and main arguments

The applicant was an official of the Commission in grade B*7. After passing the external competition COM/A/3/02, he was appointed by the contested decision to an administrator post in grade A*6.

By his action, the applicant disputes his classification, submitting that he should have been classified in one of the grades A*8, A*9 or A*10. He also disputes the loss of all his promotion points, constituting his ‘rucksack’, following his reclassification.

In support of his action, the applicant claims infringement of Article 2(2) of Annex XIII to the Staff Regulations, which he considers applicable to his situation, instead of Article 5(2) of that annex, which the Commission applied. In addition, he pleads breach of the principles of protection of legitimate expectations, protection of acquired rights and equal treatment between officials.