CELEX: C2007/315/88
Language: en
Date: 2007-12-22 00:00:00
Title: Case F-103/07: Action brought on 5 October 2007 — Duta v Court of Justice

22.12.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 315/45
            
         Action brought on 5 October 2007 — Duta v Court of Justice
   (Case F-103/07)
   (2007/C 315/88)
   Language of the case: French
   Parties
   
      Applicant: Radu Duta (Luxembourg, Luxembourg) (represented by: F. Krieg, lawyer)
   
      Defendant: Court of Justice of the European Communities
   Form of order sought
   
               —
            
            
               annul the contested decisions;
            
         
               —
            
            
               refer the case back to the competent authority;
            
         
               —
            
            
               order the defendant to pay the costs.
            
         Pleas in law and main arguments
   By his action, the applicant challenges the rejection of his candidature for a post of Legal Secretary to a judge of the Court of First Instance of the European Communities. The rejection took place by circular letter of 24 January 2007, although the judge in question had previously shown a lively interest in the applicant's candidature.
   The applicant pleads, first, the nullity of the decision to reject his complaint. It was dealt with by the ‘Committee of the Court of First Instance with power to determine complaints’ the composition of which does not meet the requirements for a fair hearing as defined by Article 6(1) of the European Convention for the Protection of Human Rights and Fundamental Freedoms. The members of the Court of First Instance sitting as that committee cannot determine with complete impartiality cases concerning one of their colleagues.
   Secondly, the applicant pleads that he was the victim of discrimination. The judge in question did not exercise his or her discretion reasonably.
   Finally, the applicant submits that, in any event, the contested decisions infringe the general principles of transparency, good faith and the protection of legitimate expectations.