Case T-195/02: Action brought on 1 July 2002 by Anselmo Briganti against Commission of the European Communities
Date: 2002-08-10
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), administrative competition, area of freedom, security and justice, lay magistrate

C 191/32

EN

Official Journal of the European Communities

10.8.2002

Action brought on 1 July 2002 by Anselmo Briganti
against Commission of the European Communities

change the minimum number of points required from that
notified in the competition notice.

(Case T-195/02)

(2002/C 191/54)

(Language of the case: Italian)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 1 July 2002 by Anselmo Briganti,
represented by Giovanni Sciusco, avvocato.

The applicant claims that the Court should:

— annul the decision of the selection board excluding the
applicant
from the subsequent stage of competition
COM/A/11/01 for failing to obtain the minimum number
of points required for Test A;

— annul the evaluation criterion established by the selection
board following the discovery of errors committed by the
board itself with regard to question 38 of Test A under
‘Justice and Internal Affairs’ and Question 3 in Test C;

— annul the section on ‘Justice and Internal Affairs’ of Test A

of competition COM/A/11/01;

— annul all the acts of the selection board relating to the
section on ‘Justice and Internal Affairs’ of competition
COM/A/11/01 after the test had taken place;

— order the defendant to pay the costs.

In support of his arguments, the applicant claims:

— the selection board’s errors were such as to distort the

outcome of the two tests.

— failure to make an accurate, fair and equitable assessment
of the abilities of the candidates and breach of the
principles of equality and equal treatment.

— breach of contractual obligations by the selection board.

— breach of the principle of legitimate expectations.

Removal from the register of Case T-152/98 (1)

(2002/C 191/55)

(Language of the case: Italian)

By order of 16 May 2002 the President of the Fourth Chamber
of the Court of First Instance of the European Communities
ordered the removal from the register of Case T-152/98:
Azienda Agricola ‘Ponte S. Pietro’ di Zardi Vincenzo e Clara v
Council of the European Union.

(1) OJ C 358 of 21.11.1998.

Pleas in law and main arguments

Removal from the register of Case T-165/99 (1)

The applicant in the present case, who took part in the pre-
selection test for COM/A/11/01 (Principal administrators —
Justice and internal affairs section), contests the selection
board’s decision to exclude him from the subsequent stage of
the competition for failing to pass Test A.

The applicant claims that he received at the same time a letter
from the selection board after the test had taken place stating
that it had discovered mistakes in Question 38 of the section
on ‘Justice and Internal Affairs’ of Test A and Question 3 of
Test C; the board then cancelled those questions and calculated
the marks on the basis of the remaining questions but did not

(2002/C 191/56)

(Language of the case: English)

By order of 16 May 2002 the President of the Fourth Chamber
of the Court of First Instance of the European Communities
ordered the removal from the register of Case T-165/99:
Omega Air Limited and Seven Q Seven Inc. v Council of the
European Union.

(1) OJ C 281 of 2.10.1999.