Case T-92/03: Action brought on 5 March 2003 by Luis Escobar Guerrero against the Commission of the European Communities
Date: 2003-05-10
Institutions: Court of First Instance
Subjects: European Commission, European official, action for annulment (EU), administrator, promotion

C 112/42

EN

Official Journal of the European Union

10.5.2003

Action brought on 5 March 2003 by Luis Escobar Guer-
rero against the Commission of the European Communi-
ties

(Case T-92/03)

(2003/C 112/78)

The applicant claims that the Court should:

— annul the decision of

the Commission rejecting the
applicant’s candidacy for the post of Grade A 2 as
Director of DG INFSO/A: ‘Information Services: policy
and regulation’;

— annul the decision of the Commission of 29 March 2002;

(Language of the case: French)

— order the defendant to pay the costs.

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 5 March 2003 by Luis Escobar
Guerrero, residing in Luxembourg, represented by Albert
Coolen, Jean-Noël Louis, Étienne Marchal and Sébastien Orlan-
di, lawyers, with an address for service in Luxembourg.

Pleas in law and main arguments

The applicant, an official of the Commission, objects to the
Commission’s decision to reject his candidacy for the post of
Grade A 2 as Director of DG INFSO/A: ‘Information Services:
policy and regulation’.

The applicant claims that the Court should:

In support of his application, the applicant alleges:

— annul the Commission’s decision not to include the
applicant’s name on the list of officials promoted to
Grade A5 for promotions round 2002, a decision which
results from the publication in ‘Informations administrat-
ives’ No 40-2002 of 17 May 2002;

— order the defendant to pay the costs.

Pleas in law and main arguments

In support of his application, the applicant alleges breach of
the obligation to state reasons. He also alleges breach of
Article 45 of the Staff Regulations and of the principle of equal
is entitled to
the principle that an official
treatment, of
reasonable career prospects and of the principles of proper
administration and sound management.

— breach of the obligation to provides reasons;

— infringement of Article 4, Article 7, the third paragraph
of Article 27, Article 26(1)(a) and Article 45 of the Staff
Regulations;

— breach of the principle of equal treatment and non-

discrimination;

— manifest error of assessment;

— infringement of the rules of conduct adopted by the
Commission for filling of posts at grades A 1 and A 2.

Furthermore, he claims that the professional requirements for
the post, as set down in the notice of vacancy, are unlawful
inasmuch as they are not directed at securing the services of
officials of the highest standard of ability, efficiency and
integrity in relation to the duties to be performed.

Action brought on 4 March 2003 by Spyros Konidaris
against the Commission of the European Communities

Action brought on 10 March 2003 by Ferriere Nord S.p.A.
against the Commission of the European Communities

(Case T-93/03)

(2003/C 112/79)

(Case T-94/03)

(2003/C 112/80)

(Language of the case: French)

(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 4 March 2003 by Spyros Konidaris,
residing in Overijse (Belgium), represented by Albert Coolen,
Jean-Noël Louis and Étienne Marchal, lawyers.

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 10 March 2003 by Ferriere Nord
S.p.A., represented by Wilma Viscardini, Gabriele Donà and
Elena Perricone, lawyers.