# C_2005281EN.01001501.xml

| 12.11.2005 | EN | Official Journal of the European Union | C 281/15 |
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12.11.2005

EN

Official Journal of the European Union

C 281/15

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Appeal brought on 23 September 2005 by Jacques Wunenburger against the judgment delivered on 5 July 2005 by the Court of First Instance of the European Communities (First Chamber) in Case T-370/03 Jacques Wunenburger v Commission of the European Communities

Jacques Wunenburger

Commission of the European Communities

(Case C-362/05 P)

(2005/C 281/29)

Language of the case: French

An appeal against the judgment delivered on 5 July 2005 by the Court of First Instance of the European Communities (First Chamber) in Case T-370/03 Jacques Wunenburger v Commission of the European Communities was brought before the Court of Justice of the European Communities on 23 September 2005 by Jacques Wunenburger, represented by Eric Boigelot, avocat.

Jacques Wunenburger

Commission of the European Communities

The appellant claims that the Court should:

| — | declare the appeal admissible and well founded; |
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declare the appeal admissible and well founded;

| — | set aside the judgment of the Court of First Instance of the European Communities of 5 July 2005 in Case T-370/03 Wunenburger v Commission |
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set aside the judgment of the Court of First Instance of the European Communities of 5 July 2005 in Case T-370/03 Wunenburger v Commission

Wunenburger

Commission

The appellant also requests the Court of Justice to give final judgment on the dispute and, granting the appellant's initial application in Case T-370/03, to:

| — | annul the decision made by the appointing authority on 11 March 2003 to reject the appellant's candidature for the post of Director of the ‘Sub-Saharan Africa, Caribbean, Pacific’ Directorate (AIDCO.C), subsequent to the appointing authority's decision of 8 January 2003 to appoint Amir NAQVI to that post; |
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annul the decision made by the appointing authority on 11 March 2003 to reject the appellant's candidature for the post of Director of the ‘Sub-Saharan Africa, Caribbean, Pacific’ Directorate (AIDCO.C), subsequent to the appointing authority's decision of 8 January 2003 to appoint Amir NAQVI to that post;

| — | annul the explicit decision to reject the appellant's complaint, that complaint having been made under Article 90(2) of the Staff Regulations on 2 April 2003, and rejected by an explicit decision of 14 July 2003, notified to the appellant on 11 August 2003; |
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annul the explicit decision to reject the appellant's complaint, that complaint having been made under Article 90(2) of the Staff Regulations on 2 April 2003, and rejected by an explicit decision of 14 July 2003, notified to the appellant on 11 August 2003;

| — | annul the appointment of Amir NAQVI to the post of Director of the ‘Sub-Saharan Africa, Caribbean, Pacific’ Directorate (AIDCO.C), which, inter alia, led to the rejection of the appellant's candidature for the vacant post; |
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annul the appointment of Amir NAQVI to the post of Director of the ‘Sub-Saharan Africa, Caribbean, Pacific’ Directorate (AIDCO.C), which, inter alia, led to the rejection of the appellant's candidature for the vacant post;

| — | order the defendant to pay the costs in any event. |
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order the defendant to pay the costs in any event.

Pleas in law and main arguments:

The grounds of the appeal are, in accordance with Article 58 of the Statute of the Court of Justice, infringement of Community law and a breach of procedure before the Court of First Instance which adversely affects the appellant's interests.

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