Case F-74/07: Action brought on 3 July 2007 — Stefan Meierhofer v Commission
Date: 2007-07-03
Institutions: Civil Service Tribunal
Subjects: European Commission, action by staff, appointment of staff, competition (EU), recruitment

22.9.2007

EN

Official Journal of the European Union

C 223/21

Form of order sought

Action brought on 3 July 2007 — Stefan Meierhofer v
Commission

— annul the decision (‘the contested decision’),

in whatever
form, by which the defendant rejected the applicant's appli-
cation of 22 June 2006 that the Commission pay to him
that part of the costs incurred by him in Case T-176/04
Marcuccio v Commission (1) already decided before the Court
of First Instance of the European Communities, which the
defendant was ordered to pay by order of 6 March 2006;

(Case F-74/07)

(2007/C 223/37)

Language of the case: German

— annul, in so far as is necessary, the decision,
complaint

rejecting the

applicant's

form,
contested decision;

in whatever
the
against

— order

the defendant

to pay the applicant

the sum of
EUR 6 347,67, plus default interest thereon, appreciation, at
the total rate of 10 % per annum to be compounded
annually, from the date of the application of 22 June 2006
to the present, by way of compensation for the material
damage caused to the applicant by the contested decision;

— order

the defendant

to pay the applicant

the sum of
EUR 1 000 by way of compensation for the loss of opportu-
nity of which the applicant could have taken advantage if
the sum due to him had been made available in due time;

— order the defendant to pay the applicant pro bono et ex aequo
the sum of EUR 3 000, or such other sum as the Tribunal
may consider just and equitable, by way of compensation
for the non-material damage sustained by the applicant,
including damage to his quality of life, by the contested deci-
sion;

— order the defendant to pay the applicant, in respect of each
day from the present date until the date on which each deci-
sion granting fully and unconditionally the application dated
22 June 2006 is implemented by the defendant, the sum of
EUR 2, or such other sum as the Tribunal may consider just
and equitable, payable on the first day of each month in
respect of rights accrued during the previous month, by way
of compensation for the damage arising as a result of any
delay in implementing the decision granting the application;

— order the defendant to pay the costs.

Parties

Applicant: Stefan Meierhofer (Munich, Germany) (represented by:
H.-G. Schiessl, lawyer)

Defendant: Commission of the European Communities

Form of order sought

— Annulment of the defendant's decision of 10 May 2007

concerning the applicant;

— Annulment of the defendant's appeal decision of 19 June

2007;

— Order the defendant to reassess in the light of the current
assessment criteria the oral examination taken by the appli-
cant on 29 March 2007;

— Order the defendant to take a new decision on the appli-
cant's inclusion on the reserve list for recruitment competi-
tion AD/26/05 in the light of the new examination results;

— Order the defendant to give reasons for is new decisions;

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

Pleas in law and main arguments

Pleas in law and main arguments

relies on the
In support of his arguments,
following three pleas in law: (1) absolute failure to state reasons;
(2) infringement of the law; (3) breach of the obligation to have
due regard to the welfare of officials and of the principle of
sound administration.

the applicant

(1) OJ C 121, 20.05.2006, p. 12. As a result of a clerical error, the

applicant refers to Case T-176/03 instead of Case T-176/04.

The applicant participated in EU recruitment competition
AD/26/05 (AD5 officials). On completion of the examination
the applicant was notified by the examination board that he had
not been placed on the reserve list as he had not obtained the
mark required.

The applicant claims that insufficient reasons were given for the
Commission's decision not to place him on the reserve list and
claims that procedural errors occurred during the oral examina-
tion.