Case T-21/03: Action brought on 21 January 2003 by "S" against the Commission of the European Communities
Date: 2003-04-05
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), data protection, occupational disease, personal data, report

C 83/22

EN

Official Journal of the European Union

5.4.2003

The applicant claims that the Court should:

Action brought on 21 January 2003 by ‘S’ against the
Commission of the European Communities

— annul the decision of the selection board of 23 October
2002 not to admit the applicant to the oral test in general
competition CJ/LA/14;

— annul the express rejection of the complaint lodged by
the applicant as notified on 9 November 2003 by letter
from Marc Ronayne;

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

Pleas in law and main arguments

The applicant, a candidate in general competition CJ/LA/14,
organised by the Court of Justice with a view to constituting a
reserve list of Greek-language lawyer-linguists, objects to not
being admitted to the oral test for having failed to obtain the
minimum requisite marks in the first compulsory written
paper (translation of a legal text drafted in French).

In support of her arguments, the applicant alleges:

— failure to observe the duty to state reasons. The applicant
claims in that regard that the selection board cannot rely
on the secrecy of its deliberations in order not to fulfil
the obligation to give reasons to a candidate who requests
them;

— irregularities in the conduct of the tests in the competition
and breach of the principle of equality as between the
candidates in that, in view of the system for preserving
the anonymity of the candidates, the applicant is justified
in wondering whether the written test script attributed to
her when the tests were being marked is indeed hers. That
method for ensuring anonymity, which she describes as
unusual, constitutes, furthermore, a substantive irregu-
larity.

— infringement of the competition notice and of Article 5
of Annex III to the Staff Regulations; manifest error of
assessment. The applicant states in that respect that the
purpose of the test in question was to assess whether
each of the candidates had perfect command of Greek
and good knowledge of French on the basis of objective
criteria which were identical for each of the candidates.

(Case T-21/03)

(2003/C 83/50)

(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 21 January 2003 by S, represented
by Albert Coolen,
Jean-Noël Louis and Étienne Marchal,
lawyers, with an address for service in Luxembourg.

The applicant claims that the Court should:

— Annul the decision of 11 March 2002 of the Head of the
‘Occupational disease and accident
insurance’ sector
rejecting the applicant’s request to have removed from
the file forwarded to the medical officer all reports drawn
up to her knowledge relating to her ability, efficiency and
conduct;

— order the defendant to withdraw from the file forwarded
to the medical officer the originals of the reports in
question, send them to the applicant and destroy all
copies;

— order the defendant to pay the costs.

Pleas in law and main arguments

The applicant in these proceedings objects to all the reports
relating to her ability, efficiency and conduct, which have to
her knowledge been drawn up, not placed in her personal file
and communicated to the defendant’s medical officer, being
made available to the medical committee called upon to give a
decision on her case in response to a request for her illness to
be recognised as occupational in origin.

In support of her claims, the applicant alleges infringement of
her right to a fair hearing and of Articles 26 and 43 of the
Staff Regulations.