Case T-124/95: Action brought on 2 March 2005 by David Tas against the Commission of the European Communities
Date: 2005-05-28
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), competition (EU)

C 132/30

EN

Official Journal of the European Union

28.5.2005

Action brought on 11 February 2005 by P. against
Commission of the European Communities

— Infringement of Articles 72 and 73 of the Staff Regulations.

(Case T-103/05)

(2005/C 132/54)

(Language of the case: Spanish)

An action against Commission of the European Communities
was brought before the Court of First Instance of the European
Communities on 11 February 2005 by P., residing in Barcelona
(Spain), represented by Matías Griful I Ponsati, lawyer.

The applicant claims that the Court should:

1. Annul the contested decision of 28 October 2004 and the

decision of 10 May 2004;

2. Uphold the applicant's right to receive his remuneration
from 15 April 2004 until he is certified medically fit and
able to work;

3. Order the Commission to pay the costs.

Action brought on 2 March 2005 by David Tas against the
Commission of the European Communities

(Case T-124/95)

(2005/C 132/55)

(Language of the case: French)

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 2 March 2005 by David Tas,
represented by Sébastien
residing in Brussels
Jean-Noël Louis and
Orlandi, Xavier Martin, Albert Coolen,
Etienne Marchal, lawyers,with an address for service in Luxem-
bourg.

(Belgium),

Pleas in law and main arguments

The applicant claims that the Court should:

The present action is against the decision of the appointing
authority of 28 October 2004 which, after noting that the
defendant's medical department had confirmed that the appli-
cant was fit to travel and work on a half-time basis, confirmed
suspension of payment of his salary from 15 April 2004 until
the date on which he commenced performing his duties at the
Commission's offices in Brussels.

is claimed in that connection that
to a post at

the applicant, whose
It
appointment
the Commission's Representative
Office in Barcelona was justified by family circumstances, was
subject to anxiety and depression as a result of the abolition of
his post at that office.

In support of his claims, the applicant alleges:

— Infringement of Articles 11, 12 and 13 of the European
Social Charter, in that they uphold entitlement to protec-
tion of health, safety, social security and social and medical
assistance;

— Infringement of Part II of the European Social Security
Code of 16 April 1964, in particular Article 10 thereof, in
that, by granting the right to home visits by a doctor, it
grants patients a right not to have to leave their homes;

— Infringement of Article 10 of Convention No 102 and

Article 13 of Convention No 130 of the ILO;

— annul the Selection Board's decision in competition EPSO/
A/4/03 not to admit him to the tests in the competition;

— order the Commission to pay the costs.

Pleas in law and main arguments

The applicant, who possesses a university diploma of ‘M Sc in
Business Administration’, was a candidate in competition
EPSO/A/4/03 for the drawing up of a reserve list of assistant
administrators at Grade A8 in the auditing sphere. He chal-
lenges the Selection Board's decision to exclude him from the
competition on the grounds that his university diploma did not
satisfy the conditions of the competition notice.

In support of his action, the applicant pleads infringement of
the conditions for admission fixed in the competition notice
and a manifest error of assessment. He also claims that two
other candidates, who were admitted to the competition tests,
held the same diploma awarded by the same faculty of the
same university and on that basis alleges breach of the principle
of equal treatment.