Case T-207/02: Action brought on 9 July 2002 by Nicoletta Falcone against Commission of the European Communities
Date: 2002-08-24
Institutions: Court of First Instance
Subjects: European Commission, European official, action for annulment (EU), admission to examinations, competition (EU), regulations for civil servants

24.8.2002

EN

Official Journal of the European Communities

C 202/37

Action brought on 29 June 2002 by Vassilios Tsarnavas
against Commission of the European Communities

The applicant claims that the Court should:

(Case T-200/02)

(2002/C 202/61)

(Language of the case: French)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 29 June 2002 by Vassilios Tsarna-
vas, residing in Brussels, represented by Nicolas Lhoëst, lawyer,
with an address for service in Luxembourg.

The applicant claims that the Court should:

— annul the decision of the Commission of 13 March 2002
rejecting in part the complaint lodged by the applicant
under Article 90(2) of the Staff Regulations so far as
concerns his claim for compensation;

— accordingly, order

the Commission to pay him
EUR 12 500 by way of compensation for the non-
material damage suffered by him;

— order the Commission to pay the costs.

Pleas in law and main arguments

The applicant claims that he suffered damage as a result of the
infringement by the Commission of the General Provisions
implementing Article 43 of the Staff Regulations inasmuch as
the delay in drawing up his staff report is attributable to the
Commission.

— annul the decision of the Selection Board to exclude
the applicant from the competition following the pre-
selection tests, communicated by letter of 2 May 2002
admin. A2/5000LM — IT 001451 signed by Herik
Halskov;

— annul all other subsequent and consequent decisions
which may be adopted by the Commission with regard
to the applicant’s exclusion from the competition in
question;

— order the Commission to pay the costs.

Pleas in law and main arguments

The applicant in the present action contests the decision of the
Selection Board not to admit the applicant to the written tests
in general competition COM/A/10/01 Section 01/Law for
having failed to obtain sufficient marks to be included among
the 400 best candidates.

The applicant points out in that regard that, according to
the notice of the abovementioned competition, only those
candidates obtaining the 400 best marks in the pre-selection
tests were to be admitted to the competition.

In support of his arguments, the applicants alleges:

— unlawfulness of the notice of competition as contrary to
Articles 4 and 5 of Annex III to the Staff Regulations of
the European Community.

— breach of the principles of sound administration, accord-
ing to which the Commission must admit to the tests
only those candidates capable of meeting the conditions
for admission set out in the notice.

Action brought on 9 July 2002 by Nicoletta Falcone
against Commission of the European Communities

Action brought on 3 July 2002 by Lene Beier against
Europol

(Case T-207/02)

(2002/C 202/62)

(Case T-208/02)

(2002/C 202/63)

(Language of the case: Italian)

(Language of the case: Dutch)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 9 July 2002 by Falcone Nicoletta,
represented by Massimo Condinanzi, lawyer.

An action against Europol was brought before the Court of
First Instance of the European Communities on 3 July 2002
by Lene Beier, residing in The Hague (Netherlands), represented
by Maria Franciscus Baltussen and Pauline de Casparis, lawyers.