Judgment of the Court of First Instance of 28 October 2004 in Joined Cases T-219/02 and T-337/02: Olga Lutz Herrera v Commission of the European Communities (Officials — Open Competition — Non-admission to test — Notice of competition — Age limit)
Date: 2005-01-08
Institutions: Court of First Instance
Subjects: action for annulment (EU), administrative competition, age discrimination, equal treatment

C 6/34

EN

Official Journal of the European Union

8.1.2005

JUDGMENT OF THE COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 28 October 2004

of 26 October 2004

in Case T-55/03: Philippe Brendel v Commission of the
European Communities (1)

in Joined Cases T-219/02 and T-337/02: Olga Lutz Herrera
v Commission of the European Communities (1)

(Officials — Appointment — Classification in grade and
step — Additional seniority — Action for damages)

(Officials — Open Competition — Non-admission to test —
Notice of competition — Age limit)

(2005/C 6/67)

(Language of the case: French)

(2005/C 6/66)

(Language of the case: Spanish)

in Brussels,

In Joined Cases T-219/02 and T-337/02: Olga Lutz Herrera,
(Belgium) represented by J.-R. García-
resident
Gallardo Gil-Fournier and J. Guillem Carrau,
lawyers, against
Commission of the European Communities (Agents: J. Currall
and H. Tserepa-Lacombe, assisted by J. Rivas Andrés and
Guitiérrezz Gisbert, with an address for service in Luxembourg)
— application for annulment of the decisions of the selection
board in Competition COM/A/6/01 of 31 July 2001 and of the
selection board in Competition COM/A/10/01 of 20 December
2001 refusing to admit the applicant to those tests on the
ground that she exceeded the age limit and, in the alternative,
applications for annulment of the rejection of the administra-
tive complaints lodged by the applicant against the decisions of
the selection boards in Competitions COM/A/6/01 and COM/
Instance (Fifth Chamber),
A/10/01) — the Court of First
composed of P. Lindh, President, R. García-Valdecasas and J.D.
Cooke, Judges; J. Palacio González, Principal Administrator, for
the Registrar, has given a judgment on 28 October 2004, in
which it:

the European Communities (Agents:

In Case T-55/03: Philippe Brendel, official of the Commission
of the European Communities, residing in Brussels (Belgium),
represented by G. Vandersanden and L. Levi, lawyers, against
the Commission of
J.
Currall, F. Clotuche-Duvieusart, assisted by Me D. Waelbroeck,
lawyer, with an address for service in Luxembourg) — applica-
tion, first, for annulment of the Commission's decision classi-
fying the applicant in Grade A 7, step 2, and, second, for
damages to compensate the damage allegedly suffered by the
applicant — the Court of First Instance (Second Chamber),
composed of:
J. Pirrung, President, A.W.H. Meij and N.
Forwood, Judges; B. Pastor, Deputy Registrar, has given a judg-
ment on 26 October 2004, in which it:

1. Orders the Commission to pay the default interest on the sum
consisting of the difference between the remuneration payable to
the applicant corresponding to Grade A 7, step 3, and the remu-
neration corresponding to Grade 7, step 2, from 16 April 2001;
this interested is to be computed as from the various dates on
which each payment, under the Staff Regulations, ought to have
been made until payment has been made in full. The rate of
interest to be applied is to be calculated on the basis of the rated
fixed by the European Central Bank for principal refinancing
operations, applicable during the various phases of
the period
concerned, increased by two points;

2. Declare that there is no longer any need to rule on the claim for
payment of the difference between the remuneration owed to the
applicant, corresponding to Grade A 7, step 2, from 16 March
2001;

1. Dismisses the applications.

3. Dismisses the remainder of the action;

2. Orders the parties to bear their own costs.

(1) OJ C 233 of 28.9.2002.

4. Orders the Commission to pay its own costs and three quarters of

the applicant's costs;

5. Orders the applicant to pay a quarter of his own costs.

(1) OJ C 101 of 26.4.2003.