Case T-420/04: Action brought on 10 October 2004 by Kenneth Blackler against the European Parliament
Date: 2004-12-04
Institutions: Court of First Instance
Subjects: European Parliament, European official, action by staff, competition (EU), engineer, personnel administration, staff assessment, telecommunications

C 300/54

EN

Official Journal of the European Union

4.12.2004

Action brought on 10 October 2004 by Kenneth Blackler
against the European Parliament

of competition, of both his published works and the details
he gave of the work he had undertaken during his career.

(Case T-420/04)

(2004/C 300/104)

(Language of the case: French)

An action against the European Parliament was brought before
the Court of First Instance of the European Communities on 10
October 2004 by Kenneth Blackler, residing in Ispra (Italy),
represented by Patrick Goergen,
lawyer, with an address for
service in Luxembourg.

The applicant claims that the Court should:

— annul the decision of the Secretary General of the European
Parliament of 11 July 2004 confirming the decision of the
selection board in competition PE/98/A for the establish-
ment of a list of engineers with telecommunications exper-
tise, to serve as a reserve list for the recruitment of Principal
Administrators (A5/A4), not to admit the applicant to the
oral tests of that competition;

— annul all the previous steps and measures in the competi-

tion procedure at issue;

— in the alternative, should the Court of First Instance not
uphold the claim for annulment of the competition proce-
dure, order the European Parliament to pay the applicant
EUR 100 000 by way of damages for the material and
non-material loss suffered by the applicant;

— order the European Parliament to pay all the costs of the

proceedings.

Pleas in law and main arguments

The applicant in this case challenges the refusal by the selection
board in open competition PE/98/A not to admit him to the
oral tests on the ground that, on appraisal of his application,
he was placed in 38th position and only those placed in the
first 15 were admitted to the oral tests. The competition was
held for the purpose of drawing up a reserve list for the recruit-
ment of Principal Administrators with telecommunications
expertise.

In support of his claims the applicant pleads:

— Infringement of

the competition notice insofar as the
contested decision took the length of study as a criterion
for deciding the mark to be awarded in respect of the certi-
ficates submitted by the candidates, ignored certain docu-
ments submitted by the applicant when he put in his appli-
cation and also failed to award marks for qualifications in
accordance with the criteria required by the notice of
competition.

— That there was a manifest error of assessment in this case,
insofar as a miscalculation was made as to the length of the
professional experience of the applicant, and a refusal to
take account, in verifying whether he fulfilled at least eight
of the 13 required areas of competence cited in the notice

Removal from the Register of Case T-251/99 (1)

(2004/C 300/105)

(Language of the case: Dutch)

By order of 5 October 2004, the President of the Second
Chamber, Extended Composition, of the Court of First Instance
of the European Communities has ordered the removal from
the Register of Case T-251/99, Texaco Nederland B.V. and
Others v Commission of the European Communities.

(1) OJ C 20 of 22.1.2000.

Removal from the Register of Case T-305/99 (1)

(2004/C 300/106)

(Language of the case: Dutch)

By order of 5 October 2004, the President of the Second
Chamber, Extended Composition, of the Court of First Instance
of the European Communities has ordered the removal from
the Register of Case T-305/99, OK Nederland B.V., supported
by Kingdom of the Netherlands v Commission of the European
Communities.

(1) OJ C 63 of 4.3.2000.

Removal from the Register of Case T-313/99 (1)

(2004/C 300/107)

(Language of the case: Dutch)

By order of 5 October 2004, the President of the Second
Chamber, Extended Composition, of the Court of First Instance
of the European Communities has ordered the removal from
the Register of Case T-313/99, Veka B.V. v Commission of the
European Communities.

(1) OJ C 63 of 4.3.2000.