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Case T-421/05: Action brought on 3 November 2005 — Kay v Commission
ECLI:EU:UNKNOWN:62005TN0421
62005TN0421
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Valentina R., lawyer
25.2.2006
EN
Official Journal of the European Union
C 48/36
(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:
—annul the defendant's decision of 31 January 2005;
—order the defendant to pay all the costs.
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.