# C_2005132EN.01002101.xml

| 28.5.2005 | EN | Official Journal of the European Union | C 132/21 |
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28.5.2005

EN

Official Journal of the European Union

C 132/21

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Appeal brought on 15 April 2005 by O. Mancini against the judgment delivered on 3 February 2005 by the Court of First Instance in Case T-137/03 between O. Mancini and the Commission of the European Communities

(Case C-172/05 P)

(2005/C 132/39)

Language of the case: French

An appeal against the judgment delivered on 3 February 2005 by the Fourth Chamber of the Court of First Instance of the European Communities in Case T-137/03 between O. Mancini and the Commission of the European Communities was brought before the Court of Justice of the European Communities on 15 April 2005 by O. Mancini, represented by E. Boigelot, avocat, with an address for service in Luxembourg.

The appellant claims that the Court should:

| — | declare her appeal admissible and well-founded and |
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declare her appeal admissible and well-founded and

| — | annul the judgment of the Court of First Instance of the European Communities in Case T-137/03 between O. Mancini and the Commission of the European Communities delivered on 3 February 2005. |
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annul the judgment of the Court of First Instance of the European Communities in Case T-137/03 between O. Mancini and the Commission of the European Communities delivered on 3 February 2005.

The appellant also seeks an order that the Court of Justice should decide the case itself and, upholding the appellant's original action in Case T-137/03, should:

| — | annul the decision of the appointing authority of 28 June 2002 not to appoint the appellant to the post of medical officer with the ‘Brussels Medical Service’ Unit — DG Admin B8; |
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annul the decision of the appointing authority of 28 June 2002 not to appoint the appellant to the post of medical officer with the ‘Brussels Medical Service’ Unit — DG Admin B8;

| — | annul the express decision rejecting the appellant's complaint lodged on 29 July 2002 pursuant to Article 90(2) of the Staff Regulations and rejected by express decision on 23 January 2003 served on the appellant on 27 January 2003; |
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annul the express decision rejecting the appellant's complaint lodged on 29 July 2002 pursuant to Article 90(2) of the Staff Regulations and rejected by express decision on 23 January 2003 served on the appellant on 27 January 2003;

| — | annul the appointment of Dr Dolmans to the post of medical officer, which entailed inter alia the rejection of the appellant's application for the vacant post; |
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annul the appointment of Dr Dolmans to the post of medical officer, which entailed inter alia the rejection of the appellant's application for the vacant post;

| — | order the defendant to pay the appellant the sum of EUR 15 000 assessed on an equitable basis by way of damages for non-material loss and damage to career; |
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order the defendant to pay the appellant the sum of EUR 15 000 assessed on an equitable basis by way of damages for non-material loss and damage to career;

| — | in any event, order the respondent to pay the costs. |
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in any event, order the respondent to pay the costs.

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, an infringement of Community law and a breach of procedure before the Court of First Instance which adversely affect the interests of the appellant.

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