Case T-455/04: Action brought on 18 November 2004 by Ms D. Beyatli and Mr A. Candan against the Commission of the European Communities
Date: 2005-03-05
Institutions: Court of First Instance
Subjects: Cyprus, Türkiye, action for annulment (EU), competition (EU), linguistic discrimination, mother tongue, official language, regulations for civil servants

5.3.2005

EN

Official Journal of the European Union

C 57/25

COURT OF FIRST INSTANCE

Action brought on 22 September 2004 by Dr Peter
Lesetar against the Commission of the European Commu-
nities

European Communities on 18 November 2004 by Ms D.
Beyatli, Nicosia, Cyprus and Mr A. Candan, Istanbul, Turkey,
represented by Mr A. Demetriades, lawyer.

(Case T-453/04)

(2005/C 57/42)

(Language of the case: English)

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 22 September 2004 by Dr Peter
Lesetar, represented by E.I. Faludy, lawyer.

The applicant claims that the Court should:

— reverse EPSO's decision not to place the applicant on the
list of successful candidates for competition EPSO/LA/11/
03;

The applicants claim that the Court should:

— annul the Commission's Decision of 5 May 2004 declaring
the applicants not successful
in the written tests of the
Open Competition for assistant administrators for Cypriot
citizens EPSO/A/1/03;

— order the Commission to pay the costs.

— order the placement of the applicant on that list;

Pleas in law and main arguments

— order the payment to the applicant of the salary he would
have received if he had been duly put on the list of
successful candidates, for the time period from the average
of the times of commencing employment of the candidates
preceding and following him on the list to the day he can
actually take up employment, having been placed on the
list.

Pleas in law and main arguments

The applicant claims the evaluation of his written work in the
context of
the above competition grossly understates his
performance, that the evaluation of the oral interview also had
its flaws and that, overall, his suitability for the job in question
has not been examined and evaluated properly.

Action brought on 18 November 2004 by Ms D. Beyatli
and Mr A. Candan against the Commission of the Euro-
pean Communities

(Case T-455/04)

(2005/C 57/43)

(Language of the case: English)

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the

The applicants are Cypriot nationals whose mother tongue is
Turkish. They applied for a position of assistant administrator
in the context of Open Competition EPSO/A/1/03 for Cypriot
citizens. The notice of competition required that candidates
have a thorough knowledge of the Greek language. The appli-
cants failed to receive a sufficient number of points in test (e),
which was in the Greek language, and were thus not admitted
to the oral tests.

The applicants challenge this decision, submitting that
the
requirement that candidates should have a thorough knowledge
of Greek is discriminatory, given that not all Cypriot citizens
have Greek as their mother tongue. According to the applicants
this requirement violates Article 12 EC and Articles 1d and 27
of the Staff Regulations. They further allege that Article 3 of
Regulation 401/2004 (1)
recruitment only to those
having one of the existing 11 official languages as their main
language and is thus not proportionate with the objectives of
the European Union and its intention to integrate Turkish
speaking Cypriots within the European Union.

limits

(1) Council Regulation (EC, Euratom) No 401/2004 of 23 February
2004 introducing, on the occasion of the accession of Cyprus, the
Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland,
Slovakia and Slovenia, special temporary measures for recruitment
of officials of the European Communities, OJ L 67, 05/03/2004, p.1