Case F-113/07: Action brought on 18 October 2007 — Šimonis v Commission
Date: 2007-10-18
Institutions: Civil Service Tribunal
Subjects: European Commission, European official, action by staff, appointment of staff, personnel administration, professional career

C 79/36

EN

Official Journal of the European Union

29.3.2008

Action brought on 17 December 2007 — Hristova v
Commission

Action brought on 18 October 2007 — Šimonis v
Commission

(Case F-50/07)

(2008/C 79/68)

Language of the case: English

(Case F-113/07)

(2008/C 79/69)

Language of the case: Lithuanian

Parties

Parties

Applicant: Irmantas Šimonis (Luxembourg) (represented by: V.
Vilkas, lawyer)

Applicant: Valentina Hristova, (Pavlikeni, Bulgaria) (represented
by: Georgi Kerelov, lawyer)

Defendant: Commission of the European Communities

Defendant: Commission of the European Communities

Form of order sought

Pleas in law and main arguments

The annulment of the decision of 3 April 2007 of the selection
board of the competition EPSO/AST/14/06 not to admit the
applicant to the competition and not to mark her practical test
because her post-secondary education is not in a field relevant
to the duties described in the Notice of competition and she
does not have 3 years full-time professional experience in the
relevant field after having obtained the secondary education.

— annul

the decision of

the Commission of

the European
Communities by which, in the course of the selection proce-
dure to fill a post which is the subject of notice of vacancy
No COM/2007/142, it withdrew its request to transfer the
applicant to the Commission and excluded him from the
selection procedure;

— annul

the decision of

the European
Communities of 8 August 2007 dismissing complaint
No R/273/07 filed by the applicant on 27 April 2007;

the Commission of

— order the defendant to pay the costs.

Pleas in law and main arguments

Form of order sought

The applicant claim that the Tribunal should:

— annul the decision of 3 April 2007 of the selection board
for competition EPSO/AST/14/06 not to admit her to that
competition;

— order the defendant to pay the applicant fixed damages
assessed on equitable principles at EUR 28 718 (one year's
salary) in respect of the material and non-material damage
suffered by the applicant as a result of the illegal decision of
the competition selection board, with statutory interest from
the date on which the application was lodged;

— order the defendant to pay the costs.

In support of his action, the applicant puts forward three pleas,
the first of which alleges infringement of his legitimate expecta-
tions resulting from the conclusion of an institutional agreement
between the heads of administration in 2005 which provides
that a waiting period of three years would be imposed prior to
any inter-institutional transfers of newly recruited officials.

In his second three, the applicant claims the Commission's deci-
sion is unlawful on the grounds of failure to state reasons, the
fact that it is not proportional to the interests protected, and
that
its discretion.
Furthermore, the applicant submits that the decision operates
discrimination based on nationality.

the Commission exceeded the limits of

In his third plea the applicant claims infringement of the prin-
ciple of sound administration and breach of the duty of care
towards officials.