CELEX: C1995/248/39
Language: en
Date: 1995-09-23 00:00:00
Title: Action brought on 17 August 1995 by Harald Meuser against the Council of the European Union and the Commission of the European Communities (Case T-160/95)

No C 248/ 18           EN                  Official Journal of the European Communities                                     23 . 9 . 95
Action brought on 27 July 1995 by Raymond Kaps against                The applicant maintains, lastly, that the selection board
    the Court of Justice of the European Communities                  committed     a  manifest error of assessment when              it
                        ( Case T-153/95 )                             considered, on the basis of his reply to a single question, that
                                                                      the applicant's knowledge of English was virtually
                          ( 95/C 248/38 )                             non-existent and that he deserved a mark of 4/ 10 for his
                                                                      linguistic knowledge; he considers that a selection board
                (Language of the case: French)
                                                                      cannot validly assess the linguistic knowledge of a candidate
                                                                      on such a basis .
An action against the Court of Justice of the European
Communities was brought before the Court of First
Instance on 27 July 1995 by Raymond Kaps, resident in
Schifflange ( Grand-Duchy of Luxembourg ) represented by
Jean-Noel Louis and Ariane Tornel , of the Brussels Bar, with
an address for service in Luxembourg at the offices of
Fiduciaire Myson, Rue Glesener 1 .                                    Action brought on 17 August 1995 by Harald Meuser
                                                                      against the Council of the European Union and the
The applicant claims that the Court should :                                  Commission of the European Communities
— annul the decision of the selection board in competition                                  ( Case T- 160/95 )
    CJ 5 1 /93 allotting the applicant, for the written and oral                              ( 95/C 248/39 )
    tests, marks which did not enable him to be included
    amongst the successful candidates on the reserve list,
                                                                                      Language of the case: German
— annul the defendant's decision not to include the
    applicant on the reserve list from competition CJ 51/93           An action against the Council of the European Union and
    and the decision of 15 May 1995 rejecting the                     the Commission of the European Communities was brought
    applicant's complaint,                                            before the Court of First Instance on 17 August 1995 by
— order the defendant to pay the costs .                              Harald Meuser, Edertal-Giflitz, represented by Bernd
                                                                      Meisterernst, Mechtild Düsing, Dietrich Manstetten, Dr.
Pleas in law and main arguments adduced in support:                   Frank Schulze and Dr. Winfried Haneklaus, Rechtsanwälte,
                                                                      Münster, with an address for service in Luxembourg at the
The applicant claims, first, that the selection board had the         Chambers of Dupong & Associés, 14a Rue des Bains,
test papers of the candidates who had used a language of              Luxembourg.
which the members of the selection board did not have
sufficient knowledge translated and typed; since one of the
criteria for marking the first written test was the 'quality of       The applicant claims that the Court should :
language used', the result of that procedure is that the
selection board compared the quality of the language used             — order the defendants to pay to the applicant SLOM-III
by professional translators with that used by the candidates              compensation for the period for 30 September 1985 to
who had chosen a language of which the members of the                     29 July 1993 in the amount of DM 123 307,50 together
selection board did have sufficient knowledge . The                       with interest at the rate of 8 % for the period from
candidates whose test papers were translated and ,                        19 May 1992 and order the defendants jointly to pay the
moreover, typed, thus benefited from a considerable                       legal costs,
advantage over the others, in breach of the principle of equal
treatment of candidates .                                             — join the present application to the cases already pending
                                                                          before it, Hülserberg and Others, Case T-77/93 , and
The applicant claims , furthermore, that the competition                  also to stay the proceedings .
notice was infringed, inasmuch as the selection board
admitted that it had asked the candidates questions with a
view to assessing their capacity for careful thought, which is        Pleas in law and main arguments adduced in support:
a criterion that does not appear amongst those indicated in
the competition notice .                                              The pleas in law and main arguments are the same as those
                                                                      of Case T-20/94 .