# C_2005057EN.01003401.xml

| 5.3.2005 | EN | Official Journal of the European Union | C 57/34 |
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5.3.2005

EN

Official Journal of the European Union

C 57/34

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Action brought on 22 December 2004 by Wineke Neirinck against the Commission of the European Communities

(Case T-494/04)

(2005/C 57/58)

Language of the case: French

An action against the Commission of the European Communities was brought before the Court of First Instance of the European Communities on 22 December 2004 by Wineke Neirinck, residing in Brussels (Belgium), represented by Georges Vandersanden, Laure Levi and Aurore Finchelstein, lawyers.

The applicant claims that the Court should:

| — | annul the decision of which the applicant became aware at the meeting of the OIB.1 unit (Office for Infrastructure and Logistics – Brussels – implementation of buildings policy) of 4 March 2004, by which another candidate had been selected for the post of lawyer in the sector of buildings policy in the OIB for which the applicant had applied; |
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annul the decision of which the applicant became aware at the meeting of the OIB.1 unit (Office for Infrastructure and Logistics – Brussels – implementation of buildings policy) of 4 March 2004, by which another candidate had been selected for the post of lawyer in the sector of buildings policy in the OIB for which the applicant had applied;

| — | annul the confirmatory decision of 9 March 2004 informing the applicant that her application had been rejected; |
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annul the confirmatory decision of 9 March 2004 informing the applicant that her application had been rejected;

| — | annul the subsequent decision of 27 April 2004 informing the applicant that she had not passed the oral test and thus confirming the appointment of another person; |
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annul the subsequent decision of 27 April 2004 informing the applicant that she had not passed the oral test and thus confirming the appointment of another person;

| — | in any event, award EUR 30 000 in respect of compensation for the non-material and material damage suffered by the applicant, that sum being provisionally assessed on an equitable basis; |
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in any event, award EUR 30 000 in respect of compensation for the non-material and material damage suffered by the applicant, that sum being provisionally assessed on an equitable basis;

| — | order the defendant to pay all the costs. |
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order the defendant to pay all the costs.

Pleas in law and main arguments:

The applicant, at the time a temporary agent at the Commission in the Office for Infrastructure and Logistics – Brussels (OIB), applied for the post of lawyer in the sector of buildings policy in the OIB. By her action, she seeks annulment of the decisions rejecting her application and appointing another person to the post in question and compensation for the alleged non-material and material damage she suffered.

In support of her action, the applicant relies on the failure to have regard for the interests of the service and infringement of the general principles of impartiality, objectivity, non-discrimination, transparency and the obligation to give reasons and an abuse of due process. The applicant submits that the selection of the person appointed to the post in question was decided without any statutory procedure and without being preceded by any comparative examination of the merits of that person with those of the applicant. In the same context, the applicant alleges a manifest error of assessment and infringement of the duty to have regard for the interests of officials and good administration. The applicant also alleges infringement of the general principle of equal treatment by reference to the fact that all the temporary and auxiliary agents of OIB, whose contracts expired on 1 May 2004, remained in OIB beyond that date with the exception of the applicant.

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