CELEX: C2003/112/79
Language: en
Date: 2003-05-10 00:00:00
Title: Case T-93/03: Action brought on 4 March 2003 by Spyros Konidaris against the Commission of the European Communities

C 112/42              EN                         Official Journal of the European Union                                        10.5.2003
Action brought on 5 March 2003 by Luis Escobar Guer-                     The applicant claims that the Court should:
rero against the Commission of the European Communi-
                               ties                                      —     annul the decision of the Commission rejecting the
                                                                               applicant’s candidacy for the post of Grade A 2 as
                         (Case T-92/03)                                        Director of DG INFSO/A: ‘Information Services: policy
                                                                               and regulation’;
                        (2003/C 112/78)                                  —     annul the decision of the Commission of 29 March 2002;
                  (Language of the case: French)                         —     order the defendant to pay the costs.
An action against the Commission of the European Communi-                Pleas in law and main arguments
ties was brought before the Court of First Instance of the
European Communities on 5 March 2003 by Luis Escobar                     The applicant, an official of the Commission, objects to the
Guerrero, residing in Luxembourg, represented by Albert                  Commission’s decision to reject his candidacy for the post of
Coolen, Jean-Noël Louis, Étienne Marchal and Sébastien Orlan-            Grade A 2 as Director of DG INFSO/A: ‘Information Services:
di, lawyers, with an address for service in Luxembourg.                  policy and regulation’.
The applicant claims that the Court should:                              In support of his application, the applicant alleges:
—     annul the Commission’s decision not to include the                 —     breach of the obligation to provides reasons;
      applicant’s name on the list of officials promoted to
      Grade A5 for promotions round 2002, a decision which               —     infringement of Article 4, Article 7, the third paragraph
      results from the publication in ‘Informations administrat-               of Article 27, Article 26(1)(a) and Article 45 of the Staff
      ives’ No 40-2002 of 17 May 2002;                                         Regulations;
—     order the defendant to pay the costs.                              —     breach of the principle of equal treatment and non-
                                                                               discrimination;
                                                                         —     manifest error of assessment;
Pleas in law and main arguments
                                                                         —     infringement of the rules of conduct adopted by the
                                                                               Commission for filling of posts at grades A 1 and A 2.
In support of his application, the applicant alleges breach of
the obligation to state reasons. He also alleges breach of
Article 45 of the Staff Regulations and of the principle of equal        Furthermore, he claims that the professional requirements for
treatment, of the principle that an official is entitled to              the post, as set down in the notice of vacancy, are unlawful
reasonable career prospects and of the principles of proper              inasmuch as they are not directed at securing the services of
administration and sound management.                                     officials of the highest standard of ability, efficiency and
                                                                         integrity in relation to the duties to be performed.
Action brought on 4 March 2003 by Spyros Konidaris
                                                                         Action brought on 10 March 2003 by Ferriere Nord S.p.A.
  against the Commission of the European Communities
                                                                           against the Commission of the European Communities
                         (Case T-93/03)                                                            (Case T-94/03)
                        (2003/C 112/79)                                                           (2003/C 112/80)
                  (Language of the case: French)                                             (Language of the case: Italian)
An action against the Commission of the European Communi-                An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the               ties was brought before the Court of First Instance of the
European Communities on 4 March 2003 by Spyros Konidaris,                European Communities on 10 March 2003 by Ferriere Nord
residing in Overijse (Belgium), represented by Albert Coolen,            S.p.A., represented by Wilma Viscardini, Gabriele Donà and
Jean-Noël Louis and Étienne Marchal, lawyers.                            Elena Perricone, lawyers.