CELEX: C1999/281/43
Language: en
Date: 1999-10-02 00:00:00
Title: Case T-166/99: Action brought on 9 July 1999 by Luis Fernando Andres de Dios and Others against the Council of the European Union

2.10.1999              EN                      Official Journal of the European Communities                                        C 281/23
Action brought on 9 July 1999 by Luis Fernando Andres                     The applicant claims that the Court should:
de Dios and Others against the Council of the European
                               Union                                      — annul the decision taken by the selection board in compe-
                                                                               tition No COM/A/10/98 excluding the applicant from the
                          (Case T-166/99)                                      tests subsequent to the pre-selection tests, the said decision
                                                                               being contained in a letter sent to the applicant on 16 June
                                                                               1999;
                         (1999/C 281/43)
                                                                          — consequently, annul all of the steps taken and acts done
                   (Language of the case: French)                              subsequently in the procedure relating to competition
                                                                               No COM/A/10/98 which are vitiated by illegality;
An action against the Council of the European Union was                   — order the Commission to pay the costs.
brought before the Court of First Instance of the European
Communities on 9 July 1999 by Luis Fernando Andres de
Dios, Suzanne Kitlas and Jacques Verraes, residing in Brussels
(Belgium), and Maria Soledad Garcia Retortillo, residing at               Pleas in law and main arguments
Càceres (Spain), represented by Jean-Noël Louis, Greta-
Françoise Parmentier and Véronique Peere, of the Brussels Bar,
with an address for service in Luxembourg at the offices of               The applicant was a candidate in open competition No
Fiduciaire Myson SARL, 30 Rue de Cessange.                                COM/A110/98 for the constitution of a reserve list for the
                                                                          recruitment of administrators in career bracket A 7/A 6 in the
The applicants claim that the Court should:                               fields of external relations and the management of aid to third
                                                                          countries. By letter of 16 June 1999, the selection board in the
— annul Council Decision 1999/307/EC of 1 May 1999;                       competition informed the applicant that although she had
                                                                          obtained the minimum number of marks required for each of
— order the defendant to pay the costs.                                   the four tests, she had not been placed amongst the top 200
                                                                          candidates. In order to be included amongst those top 200
                                                                          candidates, the applicant had to have obtained 80.10 marks,
Pleas in law and main arguments                                           that is to say, a further 3.72 marks. Consequently, the contest-
                                                                          ed decision excluded the applicant from admission to the
The contested decision is the same as that in issue in Case               subsequent tests in the competition.
T-107/99 Garcia Retortillo (1). The pleas in law and main
arguments are the same as those advanced in that case.
                                                                          The applicant maintains that:
The applicants argue, in particular, that, since the contested
decision was adopted on 30 April 1999, that is to say, on a               — the principle of equal treatment was disregarded in several
date on which neither the Treaty of Amsterdam nor Protocol                     respects, both when the pre-selection tests took place and
No 2 thereto had yet entered into force, it must be held in the                when those tests were marked;
present case that the decision in question lacks any legal basis.
                                                                          — the pre-selection tests are vitiated by a twofold procedural
                                                                               irregularity, which does not guarantee anonymity in the
(1) Not yet published in the Official Journal.                                 processing of the tests or ensure that those tests will not
                                                                               be subject to manipulation;
                                                                          — the competition notice is irregular, in that it disregards the
                                                                               principle of equal treatment and Annex III to the Staff
                                                                               Regulations;
Action brought on 13 July 1999 by Carla Giulietti against                 — by providing incomplete information, the selection board
       the Commission of the European Communities                              failed to comply with the obligation to provide reasons;
                          (Case T-167/99)                                 — by failing to ensure that the pre-selection tests were held
                                                                               in a proper fashion and that the candidates were treated in
                                                                               that context in a strictly non-discriminatory manner, the
                         (1999/C 281/44)                                       defendant infringed the principle of the protection of
                                                                               legitimate expectations; and
                   (Language of the case: French)                         — the defendant committed a breach of the principle of good
                                                                               management and sound administration, which was further
An action against the Commission of the European Communi-                      aggravated by the fact that the pre-selection tests had
ties was brought before the Court of First Instance of the                     already had to be annulled once before on account of
European Communities on 13 July 1999 by Carla Giulietti,                       irregularities.
residing in Brussels, represented by Georges Vandersanden and
Laure Levi, of the Brussels Bar, with an address for service in
Luxembourg at the offices of Fiduciaire Myson SARL, 30 Rue
de Cessange.