Case T-256/01: Action brought on 10 October 2001 by Norman Pyres against Commission of the European Communities
Date: 2002-01-19
Institutions: Court of First Instance
Subjects: European Commission, European official, action for annulment (EU), age discrimination, recruitment

C 17/18

EN

Official Journal of the European Communities

19.1.2002

Grounds of claim:

interpretation

Incorrect
of
Article 7 of Regulation 40/94 (1)
and unjust refusal of evidence
filed by the Applicant after the
filing of the Application.

(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the

Community trade mark (OJ L 11, p. 1).

Action brought on 10 October 2001 by Norman Pyres
against Commission of the European Communities

(Case T-256/01)

(2002/C 17/30)

(Language of the case: French)

In support of his claims, the applicant relies on the following
pleas:

— infringement of Article 1(1) of Annex III to the Staff
Regulations and of Article 12 of the Conditions of
Employment of Other Servants of the European Com-
munities.

— disregard for the interests of the service.

— the existence, in the present case, of a manifest error of

assessment.

— breach of the principle of non-discrimination.

The applicant states in that regard that it is for the institution
to justify on objective grounds the condition relating to age
which it sets in its recruitment notices, such justification to be
objective and reasonable, to be in pursuit of a legitimate
interest and to observe the requirements of proportionality.

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 10 October 2001 by Noramn
Pyres, residing in Brussels, represented by Georges Vandersan-
den and Laure Levi, lawyers.

The applicant claims that the Court should:

— annul the decision of 1 December 2000 of the Selection
Board in competition COM/R/A/14/2000, the decision of
4 December 2000 of the Selection Board in competition
COM/R/A/10/2000 and the decision of 7 December 2000
of the Selection Board in competition COM/R/A/07/2000
refusing to allow the applicant to take part in the selection
procedure;

— order the defendant to pay the costs.

Pleas in law and main arguments

Action brought on 16 October 2001 by Nutrinveste —
Comércio Internacional, S.A. against Commission of the
European Communities

(Case T-259/01)

(2002/C 17/31)

(Language of the case: Portuguese)

An action against the Commission of the European Communi-
ties was brought before the Court of First
Instance on
16 October 2001 by Nutrinveste — Comércio Internacional,
S.A., established in Algés, Portugal, represented by the lawyers
Jorge Monteiro dos Santos, Ana Cristina Vasconcelos, Jorge de
Mendia, Sandra Sousa de Almeida and Anto´ nio Texeira de
Almeida, of Lisbon.

The applicant opposes the decision of the appointing authority
to exclude him from the selection procedure for COM/
R/A/07/2000, COM/R/A/10/2000 and COM/R/A/14/2000,
organised by the Research Directorate General, on the ground
that he did not meet the condition as to age-limit prescribed
therein.

The applicant claims that the Court of First Instance should:

— Order the European Commission to pay to the applicant
the sum of EUR 61 222 for goods duly delivered but not
yet paid for.