Judgment of the Court of First Instance of 5 April 2005 in Case T-376/03 Michel Hendrickx v Council of the European Union (Officials — Internal competition — Non-admission to oral tests — Requirement of specific knowledge of languages — Principle of equal treatment — Access to Council documents — Obligation to state grounds)
Date: 2005-06-11
Institutions: Court of First Instance
Subjects: Council of the European Union, European official, action for annulment (EU), competition (EU), equal treatment

11.6.2005

EN

Official Journal of the European Union

C 143/33

JUDGMENT OF THE COURT OF FIRST INSTANCE

ORDER OF THE COURT OF FIRST INSTANCE

of 5 April 2005

of 6 December 2004

in Case T-376/03 Michel Hendrickx v Council of the Euro-
pean Union (1)

in Case T-55/02 Peter Finch v Commission of the Euro-
pean Communities (1)

(Officials — Internal competition — Non-admission to oral
tests — Requirement of specific knowledge of languages —
Principle of equal treatment — Access to Council documents
— Obligation to state grounds)

(Officials — Complaint — Implied rejection — Express rejec-
tion within the time-limit for appeals — Late notification of
rejection — Admissibility — Pensions — Transfer of
national pension rights — Calculation of years of service to
be taken into account in the Community scheme — Salary
taken as basis — Action manifestly unfounded in law)

(2005/C 143/62)

(2005/C 143/63)

(Language of the case: French)

(Language of the case: French)

In Case T-376/03: Michel Hendrickx, official of the Council of
the European Union, residing in Brussels (Belgium), represented
by J.-N. Louis, S. Orlandi, A. Coolen and E. Marchal, lawyers,
with an address for service in Luxembourg, against Council of
the European Union (Agents: M. Sims and F. Anton) — applica-
tion, first, for annulment of the decision of the Selection Board
in competition Council/A/270 to award the applicant a disqua-
lifying mark for written test A.3 and not to admit him to the
oral tests and, second, for an order requiring the Council to
pay token compensation of EUR 1 for non-material damage
Instance (First Chamber),
suffered — the Court of First
composed of J.D. Cooke, President, R. Garcia-Valdecasas and I.
Labucka, Judges; I. Natsinas, Administrator, for the Registrar,
gave a judgment on 5 April 2005, in which it:

In Case T-55/02: Peter Finch, an official of the Commission of
the European Communities,residing in Luxembourg (Luxem-
bourg), represented by J.-N. Louis, lawyer, with an address for
service in Luxembourg, against Commission of the European
Communities (Agents: F. Clotuche-Duvieusart and H. Tserepa-
Lacombe, with an address for service in Luxembourg) — appli-
cation for annulment of the Commission's decision concerning
the crediting of years of pensionable service to be taken into
account
the
transfer of all the pension rights acquired by the applicant
prior to his entry into service with the Commission — the
Court of First
Instance (Fifth Chamber), composed of M.
Vilaras, President, M.E. Martins Ribeiro and K. Jürimäe, Judges;
H. Jung, Registrar, made an order on 6 December 2004, the
operative part of which is as follows:

in the Community scheme in consequence of

1. Dismisses the action;

1. The action is dismissed as manifestly unfounded in law.

2. Orders the parties to bear their own costs.

2. The parties shall bear their own costs.

(1) OJ C 21 of 24.1.2004.

(1) OJ C 97 of 20.4.2002.