# C_2005281EN.01003202.xml

| 12.11.2005 | EN | Official Journal of the European Union | C 281/32 |
| --- | --- | --- | --- |

12.11.2005

EN

Official Journal of the European Union

C 281/32

---

Action brought on 20 September 2005 — Gabrielle Giancarla Sharon Kubanski v the Commission of the European Communities

(Case T-353/05)

(2005/C 281/59)

Language of the case: Italian

Parties:

Applicant(s): Gabrielle Giancarla Sharon Kubanski (Leggiuno, Italy) (represented by: Massimo Condinanzi and Devis Bono, lawyers)

Applicant(s):

Defendant(s): the Commission of the European Communities

Defendant(s):

Form of order sought

The applicant claims that the Court should:

| — | annul the Commission's decision of 14 June 2005 rejecting the applicant's complaint No R/170/05 of 16 February 2005 and, consequently, annul decision D(2002)34440 of 16 December 2004; |
| --- | --- |

—

annul the Commission's decision of 14 June 2005 rejecting the applicant's complaint No R/170/05 of 16 February 2005 and, consequently, annul decision D(2002)34440 of 16 December 2004;

| — | order the Commission to pay the shortfall in the applicant's salary as of 16 January 2005 until the date of the applicant's actual reinstatement in Grade B IV, step 2, at a figure to be quantified in the course of the proceedings, if necessary with the aid of expert evidence; |
| --- | --- |

—

order the Commission to pay the shortfall in the applicant's salary as of 16 January 2005 until the date of the applicant's actual reinstatement in Grade B IV, step 2, at a figure to be quantified in the course of the proceedings, if necessary with the aid of expert evidence;

| — | order the Commission to pay the costs of the proceedings. |
| --- | --- |

—

order the Commission to pay the costs of the proceedings.

Pleas in law and main arguments

The applicant in this case is contesting the defendant's decision to terminate her fixed-term contract as a temporary agent signed on 4 October 2004. It should be pointed out in this respect that the reasons given by the Commission for the termination were connected with the applicant's alleged failure to meet the requirements under Article 5 of the Staff Regulations of officials of the European Communities. In particular, the Commission alleges that Mrs Kubanski's educational qualification (diploma di Addetto agli Uffici Turistici — Tourist Agency diploma of accreditation) does not qualify her for classification in Category B*4, step 2, which was allocated to her in the contract.

diploma di Addetto agli Uffici Turistici

In support of her claims, the applicant submits:

| — | that the requirements laid down in notice of competition COM/2004/5352/R, which is the basis of the procedure under which the applicant was engaged and which has given rise to these proceedings, did not state that it was necessary for the applicant to possess a specific educational qualification; |
| --- | --- |

—

that the requirements laid down in notice of competition COM/2004/5352/R, which is the basis of the procedure under which the applicant was engaged and which has given rise to these proceedings, did not state that it was necessary for the applicant to possess a specific educational qualification;

| — | infringement and misapplication of Article 5(3)(a)(i) and (ii) of the Staff Regulations. She alleges in this respect, on the one hand, that her diploma is a qualification which attests that she has completed a three-year course of secondary studies conferring a vocational qualification giving access to post-secondary education and, on the other hand, that between 1 May 2001 and 30 April 2004 the applicant performed duties with the Joint Research Centre in Ispra which are absolutely identical to those required for the post announced in the notice of competition in the present case. |
| --- | --- |

—

infringement and misapplication of Article 5(3)(a)(i) and (ii) of the Staff Regulations. She alleges in this respect, on the one hand, that her diploma is a qualification which attests that she has completed a three-year course of secondary studies conferring a vocational qualification giving access to post-secondary education and, on the other hand, that between 1 May 2001 and 30 April 2004 the applicant performed duties with the Joint Research Centre in Ispra which are absolutely identical to those required for the post announced in the notice of competition in the present case.

| — | Infringement of Articles 14 and 47 to 50(a) of the conditions of employment of other servants of the European Communities. |
| --- | --- |

—

Infringement of Articles 14 and 47 to 50(a) of the conditions of employment of other servants of the European Communities.

| — | Infringement of the principle of protection of legitimate expectations. |
| --- | --- |

—

Infringement of the principle of protection of legitimate expectations.

| — | Unlawful conduct on the part of the Administration in that it breached the principles of legal certainty and equal treatment. |
| --- | --- |

—

Unlawful conduct on the part of the Administration in that it breached the principles of legal certainty and equal treatment.

---