CELEX: C1996/158/39
Language: en
Date: 1996-06-01 00:00:00
Title: Action brought on 17 April 1996 by Véronique Kohn-Bergé against the Commission of the European Communities (Case T-55/96)

No C 158 / 16        EN                  Official Journal of the European Communities                                      1 . 6 . 96
The applicant points out in that regard that, having been           The applicant claims that the Court should:
denied access to the Commission's premises , apart from the
buildings accommodating the medical service and the                 — annul       the  decision    of   the Selection   Board      for
departments dealing with social matters, she was                        Competition COM/T/C/96 not to admit the applicant to
subsequently requested to attend in her office in order to              the competition tests,
collect her personal belongings . However, after an
appointment had been fixed for that purpose, it became              — order the Commission to pay the costs .
apparent that all of her personal belongings had
disappeared .                                                       Pleas in law and main arguments
The applicant points out not only that there has                    The applicant, a member of the temporary staff in grade C 5 ,
self-evidently been fault on the part of the administration         contests the decision rejecting her application to take part
but also that she has clearly suffered actual loss, and             in Competition COM/T/C/96 on the ground that she
criticizes the Commission's offer as manifestly                     allegedly did not satisfy the length of service requirement of
inadequate .                                                        completion of three years' continuous service with the
                                                                    European Communities as a member of the temporary
                                                                    staff.
                                                                    The applicant puts forward the following pleas in law in
Action brought on 17 April 1996 by Véronique Kohn-Bergé             support of her application :
  against the Commission of the European Communities
                                                                    — infringement of the right of members of the temporary
                      ( Case T-55 /96 )                                 staff to take part in internal competitions, and of the first
                        ( 96/C 158 /39 )                                paragraph of Article 27 and Article 29 ( 1 ) of the Staff
                                                                        Regulations, in so far as the requirement concerning
               (Language of the case: French)                           length of continuous service may lead to the elimination
                                                                        of candidates with qualifications which are the same as,
An action against the Commission of the European                        or better than , those possessed by other candidates who
Communities was brought before the Court of First                       are admitted to the tests,
Instance of the European Communities on 1 7 April 1 996 by
Véronique Kohn-Bergé, residing at Florange ( France ),              — a manifest error of assessment in that it is clear that the
represented by Jean-Noël Louis, Thierry Demaseure and                   applicant has in fact been in the service of the
Ariane Tornel , of the Brussels Bar, with an address for                Commission since 16 October 1991 and , consequently,
service in Luxembourg at the offices of Fiduciare Myson                 had demonstrably acquired three years ' seniority by
SARL , 1 Rue Glesener .                                                 29 September 1995 .