Case T-76/05: Action brought on 18 February 2005 by Dario Scotto against the Commission of the European Communities
Date: 2005-04-16
Institutions: Court of First Instance
Subjects: European Commission, European official, action for annulment (EU), professional qualifications, promotion, regulations for civil servants

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).