EN

Official Journal of the European Union

C 64/68

(Case F-1/08)

(2008/C 64/111)

Language of the case: French

Parties

Applicant: Bart Nijs (Béreldange, Grand Duchy of Luxembourg) (represented by: F. Rollinger, lawyer)

Defendant: European Court of Auditors

The subject-matter and description of the proceedings

Firstly, annulment of the decision of the Appeals Committee not to promote the applicant to Grade A*11 in the 2005 promotion year and, secondly, a claim for damages.

Form of order sought

—annul the applicant's 2005/06 evaluation report, including Decision No 1/2007 of the Appeals Committee to confirm that report, received by the applicant on 2 March 2007;

—annul the connected and subsequent decisions, in particular the decision not to promote the applicant to Grade AD 11 in 2007;

—annul the decision of the restrictive meeting of the Court of Auditors of 8 March 2007 to renew the term of office of Mr Michel Hervé from 1 July 2007 for a period of six years;

—order the Court of Auditors to make good the non-material damage suffered of EUR 10 000 and to make good the material damage, consisting of the difference between the salary received by the applicant since the effective date of the last promotion decisions, announced on 3 April 2007, and that to which he would have been entitled had he been promoted on the effective date of those decisions;

—order the European Court of Auditors to pay the costs.