Case T-431/03: Action brought on 22 December 2003 by Liam O'Bradaigh against the Commission of the European Communities
Date: 2004-02-21
Institutions: Court of First Instance
Subjects: European Commission, European civil service, action for annulment (EU), competition (EU)

C 47/38

EN

Official Journal of the European Union

21.2.2004

Pleas in law and main arguments

The applicant claims that the Court should:

The applicant, who was classified in Grade A7, Step 3, upon
entering the service of the Commission in September 1986,
challenges the decision of the appointing authority, adopted
following a reconsideration of that classification following the
judgment of the Court of Justice in Case C-389/98 P Gevaert v
Commission, to reclassify him in Step 1 of Grade A6, instead
of Step 3 of that grade, and revising and setting at new dates
his subsequent classification in Grade A5, Step 2, and A4,
Step 2, and limiting the pecuniary effects of that reclassification
to 5 October 1995.

In support of his claims, action, the applicant claims that the
Commission has breached:

— the decisions of 6 June 1973 and 1 September 1983 in
so far as it omitted to grant the applicant the slightest
seniority in step, and also Article 5(3) of
the Staff
Regulations in so far as the Commission applied to the
applicant a different outcome from that of officials in the
same category;

— Articles 5(3) and 45 of the Staff Regulations by refusing
to reconstruct his career in grade following his reclassifi-
cation in Grade A6, and breach of the duty to have regard
to the welfare of officials;

— Article 62 of the Staff Regulations by limiting in time the

pecuniary effects of his reclassification.

— Annul the decision of the selection board in competition
COM/TB/99 to award the applicant an insufficient mark
in the oral test to allow him to be entered on the reserve
list;

— Order the defendant to pay the costs.

Pleas in law and main arguments

Following the judgment of the Court of First Instance on
13 March 2002 in Case T-364/00 Van Weyenbergh, the
applicant in the present case, as in Case T-161/01, objects to
the decision of the selection board in competition COM/TB/
99 constituting a reserve list of administrative assistants,
senior administrative assistants and principal administrative
assistants, in Grades B5/B4, B3/B2 and B1 respectively, not to
enter him on the reserve list in that competition on the ground
that he was awarded an insufficient mark in the oral test.

In support of his claims, he alleges that there has been a
breach of the principles of non-discrimination and proper
administration and also a manifest error of assessment.

The applicant criticises the method used by the selection board
to assess his knowledge of languages and claims, in particular,
that he was unable to ascertain whether the questions put
during the oral test correspond to the level of the competition
B5/B4, B3/B2 or B1.

Action brought on 22 December 2003 by Liam O’Bra-
daigh against the Commission of the European Communi-
ties

Action brought on 22 December 2003 by Jean Dehon
against the European Parliament

(Case T-431/03)

(2004/C 47/71)

(Case T-432/03)

(2004/C 47/72)

(Language of the case: French)

(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 22 December 2003 by Liam
O’Bradaigh, residing in Mechelen (Belgium), represented by
Sébastien Orlandi, Albert Coolen, Jean-Noël Louis and Étienne
Marchal, lawyers, with an address for service in Luxembourg.

An action against the European Parliament was brought before
the Court of First Instance of the European Communities
on 22 December 2003 by Jean Dehon, residing in Hagen
(Luxembourg),
represented by Sébastien Orlandi, Albert
Coolen, Jean-Noël Louis and Étienne Marchal, lawyers, with an
address for service in Luxembourg.