Removal from the register of Case T-116/02
Date: 2002-12-07
Institutions: Court of First Instance
Subjects: Court of Justice of the European Union, European Commission, action for annulment (EU), civil servant, damage, payment

7.12.2002

EN

Official Journal of the European Communities

C 305/31

Girardot, residing at L’Haye les Roses (France), represented
by Eric Boigelot,
lawyer, with an address for service in
Luxembourg.

The applicant claims that the Court should:

— annul the decisions of the selection board of 5 and 30 July
2001 to exclude from consideration the application of
the applicant in internal competition COM/R/502211/
2001, as advertised in the combined notice of vacancies
and of internal competitions of 28 May 2001;

— annul the decision expressly rejecting the applicant’s
complaint, the said complaint having been lodged on
29 January 2002 and rejected by an express decision
receipt of which was acknowledged by the applicant on
15 July 2002;

— order the defendant to pay the costs in any event.

Pleas in law and main arguments

The applicant entered the service of the Commission on
1 February 1996. She initially worked there as a national
expert on secondment and subsequently as a member of the
temporary staff. She applied to take part in internal compe-
tition COM/R/502211/2001 for the recruitment of officials.
According to information received by her, the selection board
for that competition found that, as at 1 January 2001, she had
not completed five years’ service as a member of the temporary
staff, so that her name could not be included in the list of
candidates admitted to the tests.

The applicant contests that rejection. She argues that account
should also have been taken of the period during which she
was in the Commission’s service as a national expert on
secondment. There is nothing to suggest, prima facie, that a
candidate in an internal competition who has been a national
expert on secondment prior to being a member of the

temporary staff should not possess skills and abilities at least
equal to, if not superior to, those of candidates who are in the
service of the institution only by virtue of their status as
members of the temporary staff. Thus, the Commission was
not in a position to show that the exclusion of a candidate
who has been a national expert on secondment prior to
becoming a member of the temporary staff can be justified in
the interests of the service.

In support of her action, the applicant also pleads:

— infringement of the first paragraph of Article 27 of the

Staff Regulations;

— infringement of
treatment;

the general principle of equality of

— infringement of the general principle that all administrat-
ive decisions must be based on legally valid reasons;

— infringement of the first paragraph of Article 4 and the
first paragraph of Article 29 of the Staff Regulations.

Removal from the register of Case T-116/02 (1)

(2002/C 305/64)

(Language of the case: French)

By order of 10 September 2002 the President of the Fifth
Chamber of the Court of First Instance of the European
Communities ordered the removal from the register of Case
T-116/02: Antonio Aresu v Commission of the European
Communities.

(1) OJ C 144 of 15.6.2002.