Case T-337/02: Action brought on 11 November 2002 by Olga Lutz Herrera against Commission of the European Communities
Date: 2003-01-11
Institutions: Court of First Instance
Subjects: action for annulment (EU), administrative competition, age discrimination, equal treatment

C 7/24

EN

Official Journal of the European Communities

11.1.2003

Pleas in law and main arguments

— order the defendant to pay the costs.

The applicant seeks the annulment of the decision of the
selection board in competition COM/R/A/2000 refusing to
include her name on the reserve list.

Pleas in law and main arguments

In support of her claims, the applicant relies on four pleas
in law. First, she alleges breach of the principle of non-
discrimination, breach of essential procedural requirements,
infringement of the rules governing the organisation of tests
and infringement of Article 3 of Annex III
to the Staff
Regulations. In the applicant’s view, the selection board was
not composed of a stable number of members and did not
carry out its work impartially.

The present action seeks the annulment of the decision by
which the applicant was notified of her non-admission to the
tests in competition COM/A/10/01 because she was beyond
the age-limit provided for in the notice of competition.

The pleas in law and main arguments have previously been
put forward in T-219/02 Lutz Herrera v Commission (1).

The applicant in her second plea in law alleges infringement
of the competition notice.

(1) OJ 2002 C 233, p. 30.

Third, she alleges breach of
the service,
infringement of Article 12 of the Conditions of Employment
of Other Servants of the European Communities and manifest
error of assessment.

the interest of

Finally, the applicant pleads breach of the principle of equal
treatment between men and women, breach of the equal
opportunity policy, breach of positive actions and breach of
the principle according to which the administration is bound
by the acts which it adopts.

Action brought on 11 November 2002 by Olga Lutz
Herrera against Commission of the European Communi-
ties

(Case T-337/02)

(2003/C 7/47)

(Language of the case: Spanish)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 11 November 2002 by Olga Lutz
Herrera, residing in Brussels, represented by Ramón García-
Gallardo and Javier Guillem Carrau, lawyers.

Action brought on 13 November 2002 by the SEGI
association, Araitz Zubimendi Izaga and Aritza Galarraga
against Council of the European Union

(Case T-338/02)

(2003/C 7/48)

(Language of the case: French)

An action against the Council of the European Union was
brought before the Court of First Instance of the European
Communities on 13 November 2002 by the SEGI association,
Araitz Zubimendi Izaga and Aritza Galarraga, established in
Baiona (France) and in Donostia (Spain), Araitz Zubimendi
(Spain), and Aritza Galarraga,
Izaga, residing in Hernani
residing in Senpere (France), represented by Didier Rouget,
avocat.

The applicants claim that the Court should:

— order the defendant to pay compensation amounting to
EUR 1 000 000
and
the
EUR 100 000 to each of the other two applicants, Araitz
Zubimendi Izaga and Aritza Galarraga;

association

SEGI

to

The applicant claims that the Court should:

— annul the decision of the Commission refusing Olga
Lutz’s application to take part in COM/A/10/01; and

— find that those amounts give rise to default interest at the
rate of 4,5 % per annum with effect from the date of the
judgment of the Court of First Instance and until actual
payment is effected;