# C_2004217EN.01003302.xml

| 28.8.2004 | EN | Official Journal of the European Union | C 217/33 |
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28.8.2004

EN

Official Journal of the European Union

C 217/33

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Action brought on 21 June 2004 by Philippe Combescot against the Commission of the European Communities

(Case T-250/04)

(2004/C 217/60)

Language of the case: French

An action was a brought before the Court of First Instance of the European Communities on 21 June 2004 against the Commission of the European Communities by Philippe Combescot, represented by Alberto Maritati and Viola Messa, lawyers.

The applicant claims that Court of First Instance should:

| — | declare illegal the decision rejecting his application to take part in the competition for appointment to the post of Head of Delegation in Colombia covered by the vacancy notice of 28 May 2003 (COM/091/03); accordingly, declare the entire competition procedure and the consequent decision making an appointment to the post to which it related void; recognise that Philippe Combescot has suffered damage to his image and professional reputation, and that the illegal decision excluding him from the competition has had serious adverse effects on the balance of his mind; and award him the sum of EUR 100 000.00 as compensation for damage. |
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declare illegal the decision rejecting his application to take part in the competition for appointment to the post of Head of Delegation in Colombia covered by the vacancy notice of 28 May 2003 (COM/091/03); accordingly, declare the entire competition procedure and the consequent decision making an appointment to the post to which it related void; recognise that Philippe Combescot has suffered damage to his image and professional reputation, and that the illegal decision excluding him from the competition has had serious adverse effects on the balance of his mind; and award him the sum of EUR 100 000.00 as compensation for damage.

Pleas and main arguments adduced in support

The applicant takes exception to the defendant's refusal to admit to the competition procedure his application for the vacant post of Head of Delegation for Colombia.

In support, the applicant alleges:

| — | infringement of the terms of the vacancy notice, in that the reason for which his application was purportedly refused (the fact that he had not had two years' experience as a Head of Unit) was not provided for in the said vacancy notice; |
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infringement of the terms of the vacancy notice, in that the reason for which his application was purportedly refused (the fact that he had not had two years' experience as a Head of Unit) was not provided for in the said vacancy notice;

| — | breach of the principle of non-discrimination: applications by other officials in circumstances similar to those of the applicant were admitted to the procedure; |
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breach of the principle of non-discrimination: applications by other officials in circumstances similar to those of the applicant were admitted to the procedure;

| — | defective statement of reasons and error of assessment, in that it was not considered that the applicant's role and the duties carried out by him, albeit under the formal title of Adviser resident in Guatemala, were B since he undertook tasks relating to the management of the Guatemala Delegation on the basis of full managerial and economic autonomy B equivalent to those of a Head of Unit. |
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defective statement of reasons and error of assessment, in that it was not considered that the applicant's role and the duties carried out by him, albeit under the formal title of Adviser resident in Guatemala, were B since he undertook tasks relating to the management of the Guatemala Delegation on the basis of full managerial and economic autonomy B equivalent to those of a Head of Unit.

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