Case T-77/05: Action brought on 19 February 2005 by Andrea Balduini against the Commission of the European Communities
Date: 2005-04-16
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), competition (EU), equal treatment

C 93/40

EN

Official Journal of the European Union

16.4.2005

Action brought on 18 February 2005 by Dario Scotto
against the Commission of the European Communities

Action brought on 19 February 2005 by Andrea Balduini
against the Commission of the European Communities

(Case T-76/05)

(2005/C 93/72)

(Language of the case: Italian)

(Case T-77/05)

(2005/C 93/73)

(Language of the case: Italian)

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 18 February 2005 by Dario Scotto,
represented by Prof. Massimo Condinanzi, lawyer.

The applicant claims that the Court should:

— annul the decision of the Commission of 27 October 2004
which rejected complaint No R/616/04 lodged by the appli-
cant of 12 July 2004 and accordingly annul Career Devel-
opment Review No 23330;

— order the Commission to pay the costs of the case.

Pleas in law and main arguments

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 19 February 2005 by Andrea
Balduini, represented by Gabriele Balduini, lawyer.

The applicant claims that the Court should:

1. annul Decision ADMIN. B.2-PC/amd-D (2004)27617 of the
appointing authority of 12 November 2004, notified by
registered letter with advice of receipt dated 15 November
2004, received on 22 November 2004, and disregard ques-
tions 11 and 36 of Test A (specialised knowledge of the
field) in competition EPSO/A/11/03, or only one of those
questions;

2. accordingly, annul the decision of the selection board for
competition EPSO/A/11/03, of which the applicant was
informed by communication EPSO/5000LM-EN of 14 May
2004, and determine and declare that the applicant has
obtained one of the 450 best marks and, therefore, admit
him to the next stages of competition EPSO/A/11/03;

3.

in any event, order the Commission to pay the costs.

The applicant in this case challenges the assessment relating to
his Career Development Review (CDR) for the period 1 January
2003 to 31 August 2003.

Pleas in law and main arguments:

In support of his claims, the applicant pleads:

— Infringement of Article 43 of the Staff Regulations and the

relevant implementing provisions.

— Infringement of the procedure for drawing up the CDR on
account of incomplete assessment of the reference period.

— The existence of manifest errors of fact in evaluating the
applicant's activities with regard to the individual objectives
assigned to him.

The applicant in this case participated in open competition
EPSO/A/11/03, which provided,
in the first stage, for three
preselection tests to be held.

By communication of 14 May 2004,
the selection board
informed the applicant that the overall mark he had obtained
in the preselection tests, 44.726 points, was not sufficient for
him to be included among the 450 highest-scoring candidates
and therefore he had not been admitted to the next stage.

By a subsequent communication, the selection board explained
to all the candidates that the marks in the preselection tests had
been determined after the selection board had disregarded five
questions in those tests (question 17 in Test A, questions 4 and
20 in Test B and questions 45 and 52 in Test C).

16.4.2005

EN

Official Journal of the European Union

C 93/41

The requests to the selection board for amendment, and to
EPSO for reconsideration, were rejected. According to those
two requests, another two questions in Test A (questions 11
and 36) should be disregarded, inasmuch as they were comple-
tely incorrect, illogical and incomprehensible, so that the appli-
cant would become one of the 450 best candidates and be
admitted to the next stage. Both requests were rejected.

In support of his claims, the applicant pleads infringement of
the principle of equal treatment laid down in Article 5(3) of the
Staff Regulations.

The applicant claims that the Court should:

— annul the memorandum of 8 December 2004, D(2004)
12075 concerning: payments by the Commission differing
from the sum requested in respect of Programme P.E.P.
Campania, request for payment number 2004 2245, in so
far as the European Commission – Directorate-General for
Italy,
Regional Policy – intervention in Cyprus, Greece,
Malta, Hungary and the Netherlands, has communicated the
‘as stated in letter No 0037474 of 25
following decision:
November of
sum of
the Economy,
EUR 1 994 835 has not been accepted as valid in relation to
measure 4.2, so far as it relates to advances on schemes of aid
granted after 19 February 2003 or the notice of which was closed
after that date, which have not been used by the final recipient in
order to pay actual expenses’;

the Ministry of

the

Action brought on 17 February 2005 by the Italian
the European
Republic

the Commission of

against

Communities

(Case T-82/05)

(2005/C 93/74)

(Language of the case: Italian)

— annul all connected and contingent acts;

— order the Commission to pay the costs.

Pleas in law and main arguments

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 17 February 2005 by the Italian
Republic, represented by Antonio Cingolo, Avvocato dello
Stato.

The pleas in law and main arguments are those put forward in
Case T-345/04 Italian Republic v Commission (1).

(1) OJEU C 262 of 23 October 2004, p. 55.