Case C-362/05 P: Appeal brought on 23 September 2005 by Jacques Wunenburger against the judgment delivered on 5 July 2005 by the Court of First Instance of the European Communities (First Chamber) in Case T-370/03 Jacques Wunenburger v Commission of the European Communities
Date: 2005-11-12
Institutions: Court of Justice
Subjects: European Commission, European official, General Court (EU), appeal, personnel administration

12.11.2005

EN

Official Journal of the European Union

C 281/15

Appeal brought on 23 September 2005 by Jacques Wunen-
burger against the judgment delivered on 5 July 2005 by
the Court of First Instance of the European Communities
(First Chamber) in Case T-370/03 Jacques Wunenburger v
Commission of the European Communities

Pleas in law and main arguments:

The grounds of the appeal are, in accordance with Article 58
of the Statute of the Court of Justice, infringement of Com-
munity law and a breach of procedure before the Court of First
Instance which adversely affects the appellant's interests.

(Case C-362/05 P)

(2005/C 281/29)

(Language of the case: French)

An appeal against the judgment delivered on 5 July 2005 by
the Court of First Instance of the European Communities (First
Chamber) in Case T-370/03 Jacques Wunenburger v Commission
of the European Communities was brought before the Court of
Justice of the European Communities on 23 September 2005
by Jacques Wunenburger, represented by Eric Boigelot, avocat.

The appellant claims that the Court should:

— declare the appeal admissible and well founded;

— set aside the judgment of the Court of First Instance of the
European Communities of 5 July 2005 in Case T-370/03
Wunenburger v Commission

The appellant also requests the Court of Justice to give final
judgment on the dispute and, granting the appellant's initial
application in Case T-370/03, to:

— annul the decision made by the appointing authority on 11
March 2003 to reject the appellant's candidature for the
the ‘Sub-Saharan Africa, Caribbean,
post of Director of
Pacific’ Directorate
the
(AIDCO.C),
appointing authority's decision of 8 January 2003 to
appoint Amir NAQVI to that post;

subsequent

to

— annul

the

explicit decision to reject

appellant's
complaint, that complaint having been made under Article
90(2) of the Staff Regulations on 2 April 2003, and rejected
by an explicit decision of 14 July 2003, notified to the
appellant on 11 August 2003;

the

— annul the appointment of Amir NAQVI to the post of
Director of
the ‘Sub-Saharan Africa, Caribbean, Pacific’
Directorate (AIDCO.C), which, inter alia, led to the rejection
of the appellant's candidature for the vacant post;

Appeal brought on 28 September 2005 by Mme Dorte
Schmidt-Brown against the Judgment delivered on 5 July
2005 by the Court of First Instance of the European
Communities (First Chamber) in case T-387/02 between
Dorte Schmidt-Brown and the Commission of the Euro-
pean Communities

(Case C-365/05 P)

(2005/C 281/30)

(Language of the case: French)

An appeal against the judgment delivered on 5 July 2005 by
the Court of First Instance of the European Communities (First
Chamber) in case T-387/02 between Dorte Schmidt-Brown and
the Commission of the European Communities was brought
before the Court of Justice of the European Communities on
28 September 2005 by Mme Dorte Schmidt-Brown, repre-
sented by Sébastien Orlandi, Albert Coolen, Jean-Noël Louis
and Etienne Marchal, lawyers.

The appellant claims that the Court of Justice should:

set aside in its entirety the judgment of the Court of First
Instance (First Chamber) of 5 July 2005 in case T-387/02
(Dorte Schmidt-Brown v the Commission of
the European
Communities);

give a final decision in the case that:

the decision of the Commission of 26 April 2002 rejecting the
for financial assistance to allow her to
applicant's request
recover
the entire costs incurred in defending the action
seeking compensation for non-material, professional and mate-
rial damage suffered as a result of defamatory statements made
against her by Eurogramme Ltd be set aside;

— order the defendant to pay the costs in any event.

order the Commission of the European Communities to pay
the costs of the case at first instance and of the appeal.