26.1.2008

Official Journal of the European Union

C 22/56

(Case F-124/07)

(2008/C 22/109)

Language of the case: French

Parties

Applicant: Joachim Behmer (Brussels, Belgium) (represented by: S. Orlandi, A. Coolen, J.-N. Louis and E. Marchal, lawyers)

Defendant: European Parliament

Form of order sought

—Annul the decision of the appointing authority of the European Parliament awarding two promotion points to the applicant for 2005;

—Annul the decision of the appointing authority not to promote the applicant to grade AD 13 in 2006;

—Order the defendant to pay the costs.

Pleas in law and main arguments

The applicant, an official at the European Parliament in grade AD 12, alleges above all the unlawfulness of the decisions of the appointing authority, firstly, to award the applicant two promotion points for 2005 and, secondly, not to promote him to grade AD 13 in 2006.

The applicant submits that there was a manifest error of assessment, breach of the duty to state reasons, breach of point I.6 of the implementing measures relating to the attribution of promotion points and promotion and breach of the general principles that recruited officials are entitled to reasonable career prospects and of equal treatment.

In particular, he submits that there is infringement of Article 45 and Article 110(1) of the Staff Regulations, and puts forward pleas of illegality and of breach of the principle of the protection of legitimate expectations.

Finally, the applicant claims that he suffered discrimination because of his activities representing the staff, in breach of Article 1d and of Article 24b of the Staff Regulations, of the sixth paragraph of Article 1 of Annex II to the Staff Regulations and of Article 17 of the framework agreement of 12 July 1990 between the European Parliament and the trade unions or professional organisations of the staff of the institution.