Judgment of the Court of First Instance of 3 February 2005 in Case T-137/03 Ornella Mancini v Commission of the European Communities (Officials — Post of medical officer — Amendment to the vacancy notice — Misuse of powers — Composition of the Selection Board — Comparative examination of merits — Manifest error of assessment — Equal treatment for men and women — Action for damages)
Date: 2005-04-16
Institutions: Court of First Instance
Subjects: EU institution, European Commission, European official, abuse of power, action for annulment (EU), appointment of staff, equal treatment, health service, physician

16.4.2005

EN

Official Journal of the European Union

C 93/27

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 3 February 2005

in Case T-137/03 Ornella Mancini v Commission of the
European Communities (1)

(Officials — Post of medical officer — Amendment to the
vacancy notice — Misuse of powers — Composition of the
Selection Board — Comparative examination of merits —
Manifest error of assessment — Equal treatment for men and
women — Action for damages)

(Belgium), represented by J.-N. Louis, É. Marchal, A. Coolen
and S. Orlandi, lawyers, with an address for service in Luxem-
bourg, against Commission of
the European Communities
(Agents: by J. Curall and V. Joris, with an address for service in
Luxembourg) — application for annulment of the Commis-
sion's decision of 14 August 2002 not to promote the appli-
cant to Grade B 2 under the 2002 promotion exercise — the
Court of First Instance (Fifth Chamber), composed of P. Lindh,
President, J.D. Cooke and D. Šváby, Judges; I. Natsinas, Admin-
istrator,
for the Registrar, gave a judgment on 3 February
2005, in which it:

(2005/C 93/53)

(Language of the case: French)

1. Annuls the Commission's decision of 14 August 2002 not to
promote the applicant to Grade B 2 under the 2002 promotion
exercise.

(Agents: C. Berardis-Kayser

In Case T-137/03: Ornella Mancini, official of the Commission
of the European Communities, residing in Brussels (Belgium),
represented by É. Boigelot, lawyer, against Commission of the
European Communities
and
G. Berscheid, assisted by B. Wägenbaur,
lawyer, with an
address for service in Luxembourg) — application, first, for
annulment of the Commission's decision not to appoint the
applicant to the post of medical officer at the ‘Medical service –
Brussels’ unit and of the decision to appoint another candidate
to that post and, second, for damages — the Court of First
Instance (Fourth Chamber), composed of H. Legal, President, V.
Tiili and M. Vadapalas, Judges; I. Natsinas, Administrator, for
the Registrar, gave a judgment on 3 February 2005, in which
it:

1. Dismisses the application.

2. Orders each party to bear its own costs.

(1) OJ C 158 of 5.7.2003.

2. Orders the Commission to pay the costs.

(1) OJ C 184 of 2.8.2003.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 16 February 2005

in Case T-284/03 Rosalinda Aycinena v the Commission of
the European Communities (1)

(Officials — Appointment to higher grade in career — Clas-
sification in step)

JUDGMENT OF THE COURT OF FIRST INSTANCE

(2005/C 93/55)

of 3 February 2005

in Case T-172/03 Nicole Heurtaux v Commission of the
European Communities (1)

(Officials — Refusal of promotion — Absence of statement
of reasons — Comparative examination of merits — Action
for annulment)

(2005/C 93/54)

(Language of the case: French)

In Case T-172/03: Nicole Heurtaux, an official of the Commis-
residing in Brussels
sion of

the European Communities,

(Language of the case: French)

In Case T-284/03: Rosalinda Aycinena, residing in Brussels,
represented by J.-N. Louis, E. Marchal, A. Coolen and S.
Orlandi, lawyers, with an address for service in Luxembourg,
against the Commission of the European Communities (Agent:
C. Berardis-Kayser) – action for annulment of the Commission's
decision fixing her definitive classification on appointment at
Instance (Third
Grade LA 6,
Chamber), composed of M. Jaeger, President, V. Tiili and O.
Czúcz, Judges; H. Jung, Registrar, has given a judgment on 16
February 2005, in which it:

the Court of First

step 1,