CELEX: C2003/171/62
Language: en
Date: 2003-07-19 00:00:00
Title: Case T-156/03: Action brought on 30 April 2003 by Orlando Pérez-Díaz against Commission of the European Communities

19.7.2003              EN                         Official Journal of the European Union                                            C 171/37
Pleas in law and main arguments                                           the temporary staff. By decision of 14 July 2002, the Selection
                                                                          Board did not enter the applicant’s name on the reserve list.
                                                                          That decision was annulled by the Court of First Instance in
The applicant in these proceedings objects to the two-year                Case T-102/01 Pérez-Díaz v Commission [2002] ECR II-0000.
delay in receiving his staff report in respect of the period              In order to comply with that judgment, the Selection Board
between July 1995 and June 1997 and to the contents thereof,              decided to organise fresh oral tests in which the applicant took
by comparison to the preceding reports.                                   part while nevertheless reserving his position as to its validity.
                                                                          The selection board decided that the applicant’s results in the
                                                                          new tests were not sufficient to enable him to be entered on
In support of his claims, the applicant alleges failure to fulfil         the reserve list.
the obligation to provide a statement of reasons, manifest error
of assessment, misuse of powers and irregular procedures.
                                                                          In support of his application, the applicant puts forward five
                                                                          pleas in law alleging:
                                                                          —     infringement of the second paragraph of Article 25 of the
                                                                                Staff Regulations inasmuch as the contested decision was
                                                                                inadequately reasoned;
Action brought on 30 April 2003 by Orlando Pérez-Díaz                     —     infringement of Article 233 of the EC Treaty and of the
    against Commission of the European Communities                              principles of equal treatment and objectivity in making a
                                                                                choice from among the candidates inasmuch as the
                         (Case T-156/03)                                        applicant’s performance was allegedly assessed under
                                                                                conditions and according to criteria which were different
                                                                                to those employed in respect of the other candidates;
                         (2003/C 171/62)
                                                                          —     breach of the principles of ‘restitutio in integrum’ and of
                   (Language of the case: French)                               equal treatment inasmuch as the applicant was required
                                                                                to re-sit the first and third stages of the oral test and give
                                                                                his views, in the second part of the second stage, on
                                                                                current scientific developments which had taken place
An action against the Commission of the European Communi-                       since the original tests;
ties was brought before the Court of First Instance of the
European Communities on 30 April 2003 by Orlando Pérez-                   —     infringement of Article 233 of the EEC Treaty, inasmuch
Díaz, residing in Brussels, represented by Marc-Albert Lucas,                   as the members of the new Selection Board had insuf-
lawyer.                                                                         ficient knowledge of the Spanish language to be able to
                                                                                assess the candidate’s abilities;
The applicant claims that the Court should:                               —     breach of the principle of ‘restitutio in integrum’ inas-
                                                                                much as the composition of the new selection board was
—     annul the decision of the Selection Board in COM/R/A/1/                   not as close as possible to that of the original board.
      1999 not to enter his name in the reserve list for that
      selection, notified to him by letter of 21 January 2003
      from the Head of Personnel in the Research Directorate
      General of the Commission in the name of the Chairman
      of the Selection Board;
—     order the Commission to pay him, by way of compen-                  Action brought on 5 May 2003 by Cascades SA against
      sation for the non-material damage and damage to his                       the Commission of the European Communities
      career suffered by him as a result of the unlawfulness of
      the contested decision damages at a level to be assessed
                                                                                                     (Case T-161/03)
      by the Court of First Instance;
—     order the Commission to pay the costs.                                                         (2003/C 171/63)
                                                                                              (Language of the case: French)
Pleas in law and main arguments
                                                                          An action against the Commission of the European Communi-
The applicant, an agent for the Centre for the Development of             ties was brought before the Court of First Instance of the
Enterprise, applied to take part in selection procedure COM/R/            European Communities on 5 May 2003 by Cascades SA,
A/01/1999 organised by the defendant with a view to                       established in La Rochette (France), represented by Jacques
establishing a reserve list for the recruitment of members of             Buhart and Pierre-M. Louis, lawyers.