Case T-165/05: Action brought on 21 April 2005 by Neophytos Neophytou against the Commission of the European Communities
Date: 2005-06-25
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), administrator, competition (EU), equal treatment

25.6.2005

EN

Official Journal of the European Union

C 155/29

The applicant submits that the contested decision infringes
Article 87(1) EC since:

Pleas in law and main arguments

— the Commission applied the wrong assessment period for
the examination of what remuneration is to be considered
as usual
in the market and thus incorrectly applied the
market-economy capital-investment test;

The applicant contests the decision of the selection board in
Competition EPSO/A/1/03 not
to include his name in the
reserve list for recruitment of assistant administrators for citi-
zens of the Republic of Cyprus.

— the legal and economic classification of the capital invest-

ment was erroneous;

— the determination of the relevant capital base to be remun-

erated was erroneous;

— the Commission incorrectly determined ‘reasonable remu-

neration’ for the Helaba capital investment.

In support of its application, the applicant submits that the
composition of the selection board infringed the principle of
non-discrimination, that the final selection of the candidates
did not comply with the requirements laid down in the notice
of competition and that the selection board exceeded the limit
of its discretionary powers by accepting candidates who held a
degree in law for a competition in the field of public adminis-
tration. The applicant also submits that the rejection of his
complaint is vitiated by a lack of reasoning.

The applicant claims in addition that the contested decision
should be annulled as it
infringes the obligation to state
reasons under Article 253 EC. The applicant contends that
insufficient reasons were given for deducting Helaba's full refi-
nancing costs on the ground that the capital investment was
not liquid. According to the applicant, this deduction of the
refinancing costs also infringes Article 87(1) EC.

Action brought on 29 April 2005 by Borax Europe Ltd.
against the Commission of the European Communities

(Case T-166/05)

(2005/C 155/56)

Action brought on 21 April 2005 by Neophytos
the European
Neophytou against

the Commission of

(Language of the case: English)

Communities

(Case T-165/05)

(2005/C 155/55)

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 29 April 2005 by Borax Europe
Ltd., established in Guildford (United Kingdom), represented by
D. Vandermeersch and K. Nordlander, lawyers.

(Language of the case: English)

The applicant claims that the Court should:

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 21 April 2005 by Neophytos
Neophytou, resident in Brussels (Belgium), represented by S.
Pappas, lawyer.

The applicant claims that the Court should:

— cancel the contested decision;

— order the defendant to pay the costs of the proceedings.

— annul

the decision of

the Commission, SG/B/2/IS/md

D(2005) 1644, dated 21 February 2005;

— order the Commission to bear the costs of the procedure.

Pleas in law and main arguments

The pleas in law and main arguments invoked by the applicant
are the same as those invoked in case T-121/05.