CELEX: C1996/046/32
Language: en
Date: 1996-02-17 00:00:00
Title: Action brought on 18 December 1995 by Telecom Italia Mobile SpA against the Commission of the European Communities (Case T-229/95)

17. 2 . 96            EN                   Official Journal of the European Communities                                   No C 46/ 17
Action brought on 18 December 1995 by Telecom Italia                  — order the defendant to pay all of the costs.
Mobile SpA against the Commission of the European
                           Communities
                        ( Case T-229/95 )                             Pleas in law and main arguments
                           ( 96/C 46/32 )
                                                                      The applicant states that he has since 1 May 1994 been
                                                                      occupying the position of acting Head of Division in the
                (Language of the case: Italian)                       Parliament's Directorate-General        for Information and
                                                                      Public Relations in Spain . On 9 March 1994 notice of
An action against the Commission of the European                      internal competition No A/88 was published with a view to
Communities was brought before the Court of First                     filling that post; that notice of competition followed on from
Instance of the European Communities on 18 December                   an initial procedure aimed at filling the post by way of
1995 by Telecom Italia SpA, whose registered office is at             promotion or transfer, which did not produce any valid
Turin (Italy ), represented by Gustavo Minervini, Antonio             applications . Having sat the competition, the applicant was
Tizzano, Gian Michele Roberti, of the Naples Bar, and                 entered in second place on the list of suitable candidates; he
Stefano D'Ercole and Andrea Guarino, of the Rome Bar,                 was awarded one mark less than the candidate placed first
with an address for service in Luxembourg at the Chambers             on the list, by reason of the latter's knowledge of a third
of Alain Lorang, 51 Rue Albert l er .                                 language . After the list was drawn up, the Director-General
                                                                      concerned interviewed the top three successful candidates
The applicant claims that the Court should :                          and proposed that the applicant be appointed . The
                                                                      applicant was informed, by letter of 2 March 1995 from the
— annul Commission Decision 95/489/EC of 4 October                    Secretary-General of the Parliament, that the appointing
    1995 concerning the conditions imposed on the second              authority had decided to appoint the person occupying first
    operator of GSM radiotelephony services in Italy ( OJ             place on the list.
    1995 L 280, p. 49 ),
                                                                      The applicant relies on seven pleas in opposition to that
— order the Commission to pay the costs.                              decision : ( 1 ) infringement of the procedure for filling
                                                                      vacancies, ( 2 ) breach of the principle of good management
The pleas in law and main arguments are analogous to those            and sound administration, ( 3 ) breach of the terms of the
in Case T-215/95 Telecom Italia SpA v. Commission (').                notice of competition, ( 4 ) breach of the duty to provide a
                                                                      statement of reasons, ( 5 ) manifest error of assessment, ( 6 )
(') See page 15 of this Official Journal .                            breach of the principle of non-discrimination and ( 7 ) misuse
                                                                      of powers .
                                                                      The applicant maintains, first, that the decision was taken in
                                                                      contravention of the proposal made by the Director-General
                                                                      concerned . The practice generally and consistently followed
Action brought on 29 December 1995 by Fernando Carbajo                is that the appointing authority follows the
          Ferrero against the European Parliament                     Director-General's proposal and may only depart from it if
                        ( Case T-237/95 )                             it gives special reasons for so doing. The appointing
                                                                      authority gave no indication of the merits, qualifications
                           ( 96/C 46/33 )
                                                                      and/or experience of the successful candidate which it
                                                                      regarded as greater than those offered by the applicant; nor
                (Language of the case: French)                        did it state any of the factors which led it to depart from the
                                                                      proposal . Consequently, the procedure for filling vacancies
An action against the European Parliament was brought                 and the general duty to provide a statement of reasons, as
before the Court of First Instance of the European                    laid down in Article 25 of the Staff Regulations of officials,
Communities on 29 December 1995 by Fernando Carbajo                   were contravened .
Ferrero, residing in Madrid ( Spain ), represented by Georges
Vandersanden and Laure Levi , of the Brussels Bar, with an            He further considers that although the notice of competition
address for service in Luxembourg at the offices of                   did not lay down any conditions as to the candidates'
Fiduciaire Myson, 1 Rue Glesener.                                     qualifications and professional experience, the description
                                                                      of the nature of the duties involved and the principle of good
The applicant claims that the Court should :                          management and sound administration were and are such
                                                                      that the selection board was not validly in a position, first, to
— annul the decision of the European Parliament,                      admit to the tests in the competition a candidate lacking any
    contained in the letter of 2 March 1995 from the                  experience with regard to the post to be filled — as in the
    Secretary-General, Mr Vinci , not to appoint the                  case of the candidate who was ultimately appointed —, nor,
    applicant to the post of Head of Division in the Madrid           a fortiori, to enter his or her name in first place on the list of
    Information Office,                                               successfull candidates . The applicant further states that the
                                                                      omission of any condition as to qualifications and
— annul the decision of the European Parliament                       professional experience — despite the fact that such
     appointing another candidate to that post,                       conditions had appeared in the notice of vacancy preceding