Case T-126/05: Action brought on 9 March 2005 by Sandrine Corvoisier and Others against the European Central Bank
Date: 2005-05-28
Institutions: Court of First Instance
Subjects: European Central Bank, action by staff, equal treatment, job vacancy

28.5.2005

EN

Official Journal of the European Union

C 132/31

Action brought on 9 March 2005 by Sandrine Corvoisier
and Others against the European Central Bank

cants' posts, i.e. in grade E/F. The vacancy notice required that
candidates had completed their secondary education.

(Case T-126/05)

(2005/C 132/56)

(Language of the case: French)

An action against the European Central Bank was brought
before the Court of First Instance of the European Communities
on 9 March 2005 by Sandrine Corvoisier, residing in Frankfurt-
am-Main, Roberta Friz, residing in Frankfurt-am-Main, Hundjy
Preud'homme, residing in Frankfurt, and Elvira Rosati, residing
in Frankfurt-am-Main, represented by Georges Vandersanden
and Laure Levi, lawyers.

The applicants claim that the Court should:

In support of their action, the applicants claim that there has
been a breach of Article 20.2 of the Internal Rules of the ECB,
the ECB 's Guidelines on the ‘development track’ , of the admin-
istrative circular on recruitment and also of the principle patere
legem ipse quam fecisti. They refer to the fact that a university
degree was an essential requirement
recruitment
whereas the contested notice required only completion of
secondary education; they also rely on a breach of the principle
of non-discrimination. The applicants further claim that there
has been a breach of Articles 45 and 46 of the Conditions of
Employment, relying on the fact
there was no prior
consultation of the Staff Committee. Last, the applicants claim
that there has been a manifest error of assessment.

for their

that

— annul vacancy notice ECB/156/04 aimed at filling six posts

as ‘Records Management Specialists’,

Action brought on 14 March 2005 by Dominique Albert-
Bousquet and 142 Others against the Commission of the
European Communities

— in so far as necessary, annul the decisions rejecting the
‘administrative reviews’ and ‘grievance procedures’ brought
by the applicants, decisions dated 1 October and 21
December 2004 respectively and notified between 27
December 2004 and 13 January 2005,

— annul any decision taken in implementation of the vacancy

notice and, in particular, recruitment decisions,

(Case T-130/05)

(2005/C 132/57)

— order the defendant to produce its administrative file,

(Language of the case: French)

— order the defendant to award damages for pecuniary harm,
which should be assessed on an equitable basis and provi-
sionally at EUR 40 000, and for non-pecuniary harm,
which should be assessed on an equitable basis at EUR 4,

— order the defendant to pay the costs.

Pleas in law and main arguments

The applicants occupy posts at the ECB as ‘Research Analysts’ ,
in grade E/F. One of the conditions required for access to their
post was that the person concerned must hold a university
degree.

On 13 July 2004, the applicant published the vacancy notice in
question, aimed at recruiting six ‘Records Management Specia-
lists’ in order to assist in and supplement the Bank's archives
unit. Those posts were classified in the same grade as the appli-

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 14 March 2005 by Dominique
Albert-Bousquet, residing in Brussels, and 142 other officials,
represented by Sébastien Orlandi, Xavier Martin, Albert Coolen,
Jean-Noël Louis and Etienne Marchal, lawyers, with an address
for service in Luxembourg.

The applicants claim that the Court should:

— annul the decisions to appoint the applicants officials of the
European Communities, in so far as those decisions deter-
mine their grade of recruitment in accordance with Article
12 of Annex XIII to the Staff Regulations;

— order the Commission to pay the costs.