# C_2004284EN.01002501.xml

| 20.11.2004 | EN | Official Journal of the European Union | C 284/25 |
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20.11.2004

EN

Official Journal of the European Union

C 284/25

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Action brought on 12 September 2004 by Eric Mathias Fries Guggenheim against European Centre for the Development of Vocational Training (CEDEFOP)

(Case T-373/04)

(2004/C 284/49)

Language of the case: French

An action against the European Centre for the Development of Vocational Training (CEDEFOP) was brought before the Court of First Instance of the European Communities on 12 September 2004 by Eric Mathias fries Guggenheim, residing in Thessaloniki (Greece), represented by Marc-Albert Lucas, lawyer.

The applicant claims that the Court should:

| — | declare unlawful the decision of 17 December 2003 of the Director of the Centre on the improvement of Coordination and the Efficiency in Cedefop (A4), in so far as it makes no provision for a call for candidatures for posts as ‘Head of Area’ or for a selection procedure for candidates for those posts; |
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declare unlawful the decision of 17 December 2003 of the Director of the Centre on the improvement of Coordination and the Efficiency in Cedefop (A4), in so far as it makes no provision for a call for candidatures for posts as ‘Head of Area’ or for a selection procedure for candidates for those posts;

| — | annul the decisions of 28 January 2004 of the Director of Cedefop to appoint certain persons as ‘Head of Area’ or ‘Acting Head of Area’; |
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annul the decisions of 28 January 2004 of the Director of Cedefop to appoint certain persons as ‘Head of Area’ or ‘Acting Head of Area’;

| — | in so far as necessary, annul the decision of 1 June of the Appeal Committee of Cedefop (A17) rejecting his administrative complaint of 6 May 2004 against the earlier contested decisions; |
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in so far as necessary, annul the decision of 1 June of the Appeal Committee of Cedefop (A17) rejecting his administrative complaint of 6 May 2004 against the earlier contested decisions;

| — | order Cedefop to pay the costs. |
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order Cedefop to pay the costs.

Pleas in law and main arguments

The applicant, a member of the temporary staff of Cedefop, objects to the decisions of the Director of Cedefop of 28 January 2004 appointing certain persons as ‘Head of Area’ or ‘Acting Head of Area’.

The applicant relies on a breach of Article 7(1) and (2) of the Staff Regulations and of the first paragraph of Article 10 of the Conditions of Employment of other servants of the European Communities, in that the servants of the Centre appointed as ‘Head of Area’ were assigned to new posts at a high level requiring specific qualifications without a comparative examination of their qualifications and those of the other officials or servants of the Centre.

In support of this plea, the applicant claims that a call for candidatures and the selection of candidates for certain posts may be required not only under Articles 4, 29 and 45 of the Staff Regulations, when vacant posts are to be filled by transfer, promotion or competition, but also by virtue of the interest of the service, to which all reassignment measures are subject, pursuant to Article 7 of the Staff Regulations.

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