JUDGMENT OF THE COURT OF FIRST INSTANCE (Fifth Chamber)

27 November 2003

Joined Cases T-331/00 and T-115/01

Laurence Bories and Others

v

Commission of the European Communities

‛Civil service — Temporary staff within the meaning of Article 2(d) of the Conditions of Employment of Other Servants — Vacancy notices for permanent posts paid from research and investment appropriations — Rejection of candidatures of temporary staff — Interest of the service — Limitation of the contracts of temporary staff to a maximum term of three years — Withdrawal of vacancy notices — Interest of the service — Misuse of powers — Actions for damages’

Full text in French II-1479

Application for:

in Case T-331/00: annulment of the decisions of the authority authorised to conclude contracts, of 16 March 2000 (Mrs Bones' case), of 3 February 2000 (Mr Chemin's case), of 17 March 2000 (Miss Copes' case), of 17 January 2000 (Mr Mondini's case), and of 16 March 2000 (Miss Preissler's case), not to consider the applicants' candidatures for the posts stated to be vacant by vacancy notices COM/R/5526/00 of 24 February 2000 (Mrs Bories' case), COM/R/5889/99 of 21 December 1999 (Mr Chemin's case), COM/R/5520/00 of 24 February 2000 (Miss Copes' case), COM/R/5863/99 of 26 November 1999 (Mr Mondini's case), and COM/R/5521/00 of 24 February 2000 (Miss Preissler's case); in the alternative, annulment of those vacancy notices; compensation for the loss suffered by the applicants; in Case T-115/01: annulment of the decision of the authority authorised to conclude contracts to annul the recruitment procedures initiated by the publication of vacancy notices COM/R/5526/00 of 24 February 2000 (Mrs Bories' case), COM/R/5889/99 of 21 December 1999 (Mr Chemin's case), COM/R/5520/00 of 24 February 2000 (Miss Copes' case), COM/R/5863/99of 26 November 1999 (Mr Mondini'scase), COM/R/5521/00 of 24 February 2000 (Miss Preissler's case), COM/R/5638/00 and COM/R/5639/00 of 16 March 2000 (Mrs Bertolo's case), COM/R/5645/00 of 20 March 2000 (Mr Brovelli's case), and COM/R/5646/00 of 20 March 2000 (Mrs D'Elia's case); annulment of vacancy notices COM/R/5734/00 of 23 June 2000 (Mr Chemin's case), and COM/R/5735/00 (Mr Mondini's case) and of the decisions made in the course of those two recruitment procedures; compensation for the loss suffered by the applicants.

Held:

In Case T-331/00 the decisions of 16 March 2000 rejecting Mrs Bories' candidature, of 3 February 2000 rejecting Mr Chemin's candidature, of 17 March 2000 rejecting Miss Copes' candidature, of 17 January 2000 rejecting Mr Mondini's candidature and of 16 March 2000 rejecting Miss Preissler's candidature, are annulled. In Case T-115/01: the decision of 30 May 2000 withdrawing vacancy notice COM/R/5526/00, for which Mrs Bories applied, is annulled; the decision of 30 May 2000 withdrawing vacancy notice COM/R/5889/99, for which Mr Chemin applied, is annulled. In Joined Cases T-331/00 and T-115/01: the Commission is ordered to pay Mrs Bories the sum of EUR 11929 (eleven thousand nine hundred and twenty-nine) as compensation for the material damage and the sum of EUR 1 (one) as compensation for the nonmaterial damage suffered; the Commission is ordered to pay Mr Chemin the sum of EUR 29592 (twenty-nine thousand five hundred and ninety-two) as compensation for the material damage and the sum of EUR 1 (one) as compensation for the nonmaterial damage suffered; the Commission is ordered to pay Miss Copes the sum of EUR 1 (one) as compensation for the non material damage suffered; the Commission is ordered to pay Mr Mondini the sum of EUR 5000 (five thousand) as compensation for the material damage and the sum of EUR 1 (one) as compensation for the nonmaterial damage suffered; the Commission is ordered to pay Miss Preissler the sum of EUR 11929 (eleven thousand nine hundred and twenty-nine) as compensation for the material damage and the sum of EUR 1 (one) as compensation for the nonmaterial damage suffered; the Commission is ordered to pay Mrs Bertolo the sum of EUR 1 (one) as compensation for the nonmaterial damage suffered; the Commission is ordered to pay Mr Brovelli the sum of EUR 1 (one) as compensation for the nonmaterial damage suffered; the Commission is ordered to pay Mrs D'Elia the sum of EUR 1 (one) as compensation for the nonmaterial damage suffered. The remainder of the action in Case T-115/01 is dismissed. The Commission is to bear its own costs and pay the costs incurred by the applicants in Case T-331/00. The Commission shall bear its own costs and pay three quarters of the costs incurred by the applicants in Case T-115/01. The applicants in Case T-115/01 are to bear a quarter of their own costs.

Summary