CELEX: C2000/135/43
Language: en
Date: 2000-05-13 00:00:00
Title: Case T-53/00: Action brought on 9 March 2000 by Serena Angioli against the Commission of the European Communities

C 135/24               EN                     Official Journal of the European Communities                                      13.5.2000
The applicant also submits that the statement of reasons is              In support of her claims, she pleads:
defective and that no investigation was carried out, in so far as
the contested letter bases its statement that there was no abuse         — infringement of the general principle of equal treatment,
of a dominant position by Ancona Merci on the fact that quay                 and of Article 30 of the Staff Regulations and of Annex III
No 25 does not form part of an essential infrastructure within               thereto, in so far as, in the competition in question, there
the meaning of the case-law of the Court of Justice.                         was a second series of written tests for five new candidates.
                                                                             In addition, that competition was open to all members of
                                                                             temporary staff, whether remunerated from the appropri-
(1) OJ L 354 of 30.12.1998, p. 12.                                           ation for ‘research’ or from the appropriation for ‘adminis-
                                                                             tration’. A procedure in respect of appointment as estab-
                                                                             lished officials cannot be organised in the same way for
                                                                             staff under different budgetary terms.
                                                                         — infringement of the fifth paragraph of Article 5 of Annex
                                                                             III to the Staff Regulations and of the principles of having
                                                                             regard for the welfare of officials and of sound management
                                                                             and fair administration, and disregard for the interest of
Action brought on 9 March 2000 by Serena Angioli                             the service. The applicant claims, on that point, that
  against the Commission of the European Communities                         the competition jury selected a number of successful
                                                                             candidates which was lower than the number of posts
                                                                             available and that, in the present case, the jury did not
                         (Case T-53/00)                                      comply with the objective pursued by a recruitment
                                                                             procedure in respect of appointment as established
                        (2000/C 135/43)                                      officials: the appointment as established officials of persons
                                                                             such as to enable the institution to carry out its tasks.
                   (Language of the case: French)                        The applicant also cites the breach of the obligation to state
                                                                         reasons and the existence of a manifest error of assessment.
An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 9 March 2000 by Serena Angioli,
residing at Brussels, represented by Georges Vandersanden and
Laure Levi, of the Brussels Bar.
The applicant claims that the Court should:
— annul the decision of the jury for the internal competition            Action brought on 11 March 2000 by Federación de
    concerning the appointment as established officials of               Cofradı́as de Pescadores de Guipúzcoa, Federación de
    members of the temporary staff in category COM/TA/2/98               Cofradı́as de Pescadores de Vizcaya, Federación de Cofrad-
    not to include the applicant on the list of suitable                 ias de Peseadores de Cantabria and Others v Council of
    candidates;                                                                                the European Union
— annul all the other subsequent acts adopted by the                                              (Case T-54/00)
    abovementioned competition jury and by the appointing
    authority;
                                                                                                 (2000/C 135/44)
— in so far as is necessary, annul the decision of the
    appointing authority to reject the applicant’s complaint, a
    decision of 1 December 1999, notified on 7 December
    1999;                                                                                   (Language of the case: Spanish)
— order the defendant to pay the costs.                                  An action against the Council of the European Union was
                                                                         brought before the Court of First Instance on 11 March 2000
                                                                         by Federación de Cofradı́as de Pescadores de Guipuzcoa,
Pleas in law and main arguments                                          Federación de Cofradı́as de Pescadores de Vizcaya, Federación
                                                                         de Cofradias de Pescadores de Cantabria and Others, which are
                                                                         registered in San Sebastifin, Bilbao and Santander, respectively,
The applicant contests her exclusion from the list of suitable           represented by Ramón Garcia-Gallardo and Marı́a Dolores
candidates drawn up following her participation in the tests             Domingues Pérez, of the Madrid and La Coruña Bars, respect-
for Competition COM/TA/99.                                               ively, with offices at 19 Square de Meeûs, Brussels.