Case F-120/06: Action brought on 26 October 2006 — Dálnoky v Commission
Date: 2006-12-16
Institutions: Civil Service Tribunal
Subjects: European Commission, Hungary, Romania, action for annulment (EU), competition (EU), equal treatment, official language, recruitment

16.12.2006

EN

Official Journal of the European Union

C 310/31

EUROPEAN UNION CIVIL SERVICE TRIBUNAL

Action brought on 26 October 2006 — Dálnoky v
Commission

nian citizens on Romanian mother tongue are in an unfair
advantage;

(Case F-120/06)

(2006/C 310/66)

Language of the case: English

Parties

Applicant: Noémi Dálnoky (Brussels, Belgium) (represented by:
P. Horváth, lawyer)

— it constitutes a discrimination on the grounds of nationality
which is forbidden by the Staff Regulations and Article 12
EC,
in earlier competitions, candidates were
allowed to prove a thorough knowledge of a Community
language which was not the most widely spoken language
in their Member State;

insofar as,

— it poses a requirement that is not permitted by the Staff
Regulations, which only allows requiring the thorough
knowledge of a particular Community language, as opposed
to any one of them, if there is a specific job-related need or
this is justified by some other objective and legitimate
policy.

Defendant: Commission of the European Communities

(1) OJ C 145 A, 21.6.2006

Form of order sought

The applicant claims that the Tribunal should:

— annul Notice of Open Competition EPSO/AD/47/06 (1)
published by the European Personnel Selection Office
(EPSO) for the recruitment of administrators with — inter
alia — Romanian citizenship;

— order the defendant not to publish in future any competi-
tion, and not to conduct any published competition with
the requirement to have a thorough knowledge of just one
specified Community language, but with the requirement to
have a thorough knowledge on any of the Community
languages, unless a particular language is required in view
of the specific nature of the posts to be filled;

— if the abovementioned open competition was partially or
fully conducted prior to its annulment by the Tribunal,
order the defendant to eliminate any disadvantage suffered
by the applicant or other persons due to the discriminatory
provision applied in the competition, including the provi-
sion of another possibility to apply for the posts that were
to be filled by Competition EPSO/AD/47/06 for those citi-
zens who might have been discouraged from applying due
to the abovementioned discriminatory provision;

Action brought on 23 October 2006 — Roodhuijzen v
Commission

(Case F-122/06)

(2006/C 310/67)

Language of the case: French

Parties

Applicant: Anton Pieter Roodhuijzen (Luxembourg, Luxem-
bourg) (represented by: E. Boigelot, lawyer)

Defendant: Commission of the European Communities

— order the defendant to pay the costs.

Form of order sought

Pleas in law and main arguments

The applicant, a Romanian citizen of Hungarian ethnicity and
mother tongue, claims that the Notice of Open Competition
EPSO/AD/47/06 is, by requiring that applicants must have a
thorough knowledge of Romanian language, in breach of EC
law on several points:

— annul

the decision of

the Appointing Authority of 28
February 2006, confirmed on 20 March 2006, not
to
recognise the applicant's partnership with Ms H as a non-
marital partnership for the purposes of the sickness insur-
ance scheme;

— annul the decision of the Appointing Authority of 12 July
2006 rejecting the complaint brought by the applicant on
27 March 2006 under Number R/230/06;

— it violates the applicant's rights to equal treatment and non-
discrimination on the basis of ethnic origin, since Roma-

— order the defendant to pay the costs.