CELEX: C2004/021/81
Language: en
Date: 2004-01-24 00:00:00
Title: Case T-376/03: Action brought on 10 November 2003 by Michel Hendrickx against Council of the European Union

24.1.2004             EN                          Official Journal of the European Union                                          C 21/39
Decision of the Board of      Dismissal of the appeal as inad-            Pleas in law and main arguments
Appeal:                       missible as a result of a failure
                              to comply with the time-limit
                              prescribed for lodging appeals.
                                                                          Competition notice CONSEIL/A/270 stated that candidates
                                                                          were required to have a perfect command of one of the
Pleas in law:                 —     infringement of Article 6 of          official languages of the European Communities, a very good
                                    the European Convention on            knowledge of either English or French and an adequate
                                    Human Rights in that notifi-          knowledge of the other of those two languages. However,
                                    cation by fax does not satisfy        candidates choosing French or English as the language of
                                    the requirement for security          which they had a perfect command were required to show
                                    of notification in proceed-           evidence of a very good knowledge of the other of those two
                                    ings.                                 languages and also an adequate knowledge of a third official
                                                                          language. By his first plea, the applicant claims that this
                              —     in the alternative, infringe-         provision discriminates between, on the one hand, anglophone
                                    ment of Rules 55, 61 and 65           and francophone candidates and, on the other, other candi-
                                    of Commission Regulation              dates. In that context, he relies on breach of the principle of
                                    No 2868/95 and of                     equal treatment and also of subparagraph f of the first
                                    Article 59 of Regulation              paragraph of Article 28 of the Staff Regulations. By his second
                                    No 40/94.                             plea, the applicant claims that, at the third written test,
                                                                          candidates were asked to write a brief account of the role of
                                                                          the Secretariat General of the Council, in breach of the
                                                                          competition notice, which provided for an account of the
                                                                          activities of the Council. The third plea refers to the Council’s
                                                                          refusal to grant the applicant access to the corrected copy of
                                                                          his third written test. The applicant pleads infringement of
                                                                          Article 255(1) EC and also breach of the obligation to state
                                                                          reasons and of the principles of good management and good
                                                                          administration.
Action brought on 10 November 2003 by Michel Hen-
       drickx against Council of the European Union
                        (Case T-376/03)
                         (2004/C 21/81)
                                                                          Action brought on 17 November 2003 by ATI Tech-
                   (Language of the case: French)                         nologies Inc. against the Office for Harmonisation in the
                                                                                                  Internal Market
                                                                                                  (Case T-377/03)
An action against the Council of the European Union was
brought before the Court of First Instance of the European
Communities on 10 November 2003 by Michel Hendrickx,                                               (2004/C 21/82)
residing in Brussels, represented by Sébastien Orlandi, Albert
Coolen, Jean-Noël Louis and Etienne Marchal, lawyers, with an
address for service in Luxembourg.                                                           (Language of the case: French)
The applicant claims that the Court should:
                                                                          An action against the Office for Harmonisation in the Internal
—     annul the decisions of the Selection Board for competition          Market was brought before the Court of First Instance of the
      CONSEIL/A/270 to award him an eliminatory mark for                  European Communities on 17 November 2003 by ATI
      written test A.3 and not to admit him to the oral tests;            Technologies Inc., established in Thornhill (Canada), represen-
                                                                          ted by Chantal Silvia Moreau, lawyer, with an address for
                                                                          service in Luxembourg.
—     order the Council to pay the applicant symbolic damages
      of one euro for the non-pecuniary harm sustained;
                                                                          Asociación de Técnicos de Informatica — ATI was also a party
—     order the defendant to pay the costs.                               to the proceedings before the Board of Appeal.