Case T-45/04: Judgment of the Court of First Instance of 4 July 2006 — Tzirani v Commission (Officials — Promotion — Filling an A2 post — Rejection of candidature — Principle of legality)
Date: 2006-09-02
Institutions: Court of First Instance
Subjects: European Commission, European official, action by staff, appointment of staff, promotion

C 212/28

EN

Official Journal of the European Union

2.9.2006

Judgment of the Court of First Instance of 4 July 2006 —
Tzirani v Commission

Judgment of the Court of First Instance of 4 July 2006 —
Tzirani v Commission

(Case T-45/04) (1)

(Case T-88/04) (1)

(Officials — Promotion — Filling an A2 post — Rejection of
candidature — Principle of legality)

(Officials — Promotion — Filling an A2 post — Rejection of
candidature — Failure to state reasons — Manifest error of
assessment — Infringement of the rules for appointment of
officials at grade A1 and A2)

(2006/C 212/49)

Language of the case: French

(2006/C 212/50)

Language of the case: French

Parties

Parties

Applicant: Marie Tzirani (Brussels, Belgium) (represented by: É.
Boigelot, lawyer)

Applicant: Marie Tzirani (Brussels, Belgium) (represented by: É.
Boigelot, lawyer)

Defendant: Commission of the European Communities (repre-
sented by: G. Berscheid and V. Joris, Agents, assisted by B.
Wägenbaur, lawyer)

Defendant: Commission of the European Communities (repre-
sented by: G. Berscheid and V. Joris, Agents, assisted by B.
Wägenbaur, lawyer)

Re:

Re:

Application for annulment of the Commission's decision of 11
February 2003 to reject the applicant's candidature for the A2
grade post of Director of the ‘Staff Regulations: policy, manage-
ment and advisory services’ Directorate in the ‘Personnel and
the Commission; an
Administration’ Directorate-General of
application for annulment of the appointment of M.J. for that
post and also an application for annulment, if necessary, of the
explicit decision by the Commission to reject the applicant's
complaint against those two decisions

Application for annulment of the decision of the Commission
of 23 May 2003 to reject the applicant's candidature for the
A2 grade post of Director of the ‘Social policy, Luxembourg
staff, health and safety’ Directorate in the ‘Personnel and
Administration’ Directorate-General of
the Commission; an
application for annulment of the decision of the Commission
of 21 May 2003 to appoint Ms D.S. for that post and, if neces-
sary, an application for annulment of the implied rejection of
the applicant's complaint against those two decisions

Operative part of the judgment

The Court:

1. Annuls the decision of the Commission to appoint M.J. for the
post concerned in the vacancy COM/151/02 and also the decision
to reject the candidature of the applicant for that post.

Operative part of the judgment

The Court:

1. Annuls the decision of the Commission to appoint Mme D.S. for
the post concerned in the vacancy COM/063/03 and also the
decision to reject the candidature of the applicant for that post.

2. Dismisses the remainder of the application.

2. Orders the defendant to pay the costs.

3. Orders the defendant to pay the costs.

(1) OJ C 94 of 17.4.2004

(1) OJ C 106 of 30.4.2004