Case T-165/01: Action brought on 17 July 2001 by Hans Mc Auley against Council of the European Union
Date: 2001-10-13
Institutions: Court of First Instance
Subjects: Council of the European Union, European official, action for annulment (EU), staff assessment

C 289/28

EN

Official Journal of the European Communities

13.10.2001

The applicant claims that the Court should:

Pleas in law and main arguments

— annul the decision approving the applicant’s staff report

for the period 1995-1997;

— order the defendant to pay the costs.

Pleas in law and main arguments

In support of his action, the applicant pleads:

— infringement of Article 6 of the general implementing
provisions relating to Article 43 of the Staff Regulations;

— breach of the principle of equal treatment and non-
discrimination and infringement of the rights of the
defence;

— breach of the principle of legitimate expectations;

— manifest error of assessment and incoherence.

Action brought on 12 July 2001 by Liam O’Bradaigh
against the Commission of the European Communities

(Case T-161/01)

(2001/C 289/66)

In support of his action, the applicant pleads breach of
essential procedural requirements, breach of the principle of
equal treatment and breach of the rules governing the work of
the jury. The applicant argues that neither the composition of
the jury nor the conduct of the oral tests for competition
COM/TB/99 complied with procedural requirements as defined
in case-law. He also maintains that the reasons given for the
contested decision do not meet the requisite legal standard.

Action brought on 17 July 2001 by Hans Mc Auley against
Council of the European Union

(Case T-165/01)

(2001/C 289/67)

(Language of the case: French)

An action against Council of the European Union was brought
before the Court of First Instance of the European Communities
on 17 July 2001 by Hans Mc Auley, residing in Wezembeek-
Oppem (Belgium), represented by Jean-Noël Louis et Véronique
Peere, lawyers.

The applicant claims that the Court should:

— annul the decision of the Commission of 15 September
2000 on the drawing up the final staff report for the
period 1 July 1997 to 30 June 1999;

(Language of the case: French)

— order the Commission to pay the costs.

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 12 July 2001 by Liam O’Bradaigh,
residing in Mechelen, Belgium, represented by Jean-Noël Louis
and Véronique Peere, Lawyers, with an address for service in
Luxembourg.

The applicant claims that the Court should:

— annul the decision of the jury in competition COM-
T/OB/99 to award him in the oral tests a mark lower than
the pass mark and to exclude him from the reserve list;

— order the defendant to pay the costs.

Pleas in law and main arguments

The applicant takes the view that the final staff report was
drawn up in breach of the obligation to provide a statement of
reasons and of the rights of the defence, inasmuch as it:

— awards standardised, harmonised marks;

— contains serious accusations which are neither substan-

tiated, objective nor specific;

— refers to conduct which has not been proven.