CELEX: C2000/122/62
Language: en
Date: 2000-04-29 00:00:00
Title: Case T-43/00: Action brought on 28 February 2000 by Javier Martinez Lara and Milva Urbán Penón against the Council of the European Union

C 122/40               EN                     Official Journal of the European Communities                                     29.4.2000
— infringement of Articles 4 and 27 to 29 of the Staff                   — order the defendant to give all due legal effect to the
    Regulations;                                                             reestablishment of the rights of the applicant;
— a mistake of law consisting in the absence of any objective            — otherwise, order the defendant to make good both the
    justification for using the date of 2 October 1997 as a                  material and non-material damage suffered, provisionally
    criterion for taking into consideration the persons working              evaluated at EUR 1, together with default interest as from
    in the Schengen Secretariat for the purposes of their being              1 May 1999;
    integrated into the General Secretariat of the Council;
                                                                         — order the defendant to pay all the costs.
— breach of the principle of non-discrimination;
— infringement of Article 7 of the Staff Regulations and of              Pleas in law and main arguments
    the interest of the service.
                                                                         The applicant passed competition LA/365 of the Council with
                                                                         a view to the setting-up of a list for the recruitment of
As regards the annulment of the individual decisions, the                Portuguese mother-tongue translators. She challenges the
applicant pleads:                                                        decisions to appoint four former agents of the Schengen
                                                                         Secretariat to LA 7 posts in the Portuguese division of the
— breach of the principle of legitimate expectations;                    Council’s Language Service. Those appointments imply a
                                                                         decision to refuse to take into account the applicant’s candi-
— breach of the principle of having regard for the welfare of            dature and constitute individual measures implementing
    officials and of the principle of sound management.                  Decision 1999/307/EC. In her application, the applicant
                                                                         alleges the unlawfulness of the decision and of the individual
                                                                         decisions taken by the Council.
                                                                         The arguments put forward by the applicant are similar to
                                                                         those put forward in Case T-37/00.
Action brought on 24 February 2000 by Virginia Joaquim
       Matos against Council of the European Union
                         (Case T-38/00)
                                                                         Action brought on 28 February 2000 by Javier Martinez
                                                                         Lara and Milva Urbán Penón against the Council of the
                        (2000/C 122/61)                                                         European Union
                                                                                                  (Case T-43/00)
                   (Language of the case: French)
                                                                                                 (2000/C 122/62)
An action against Council of the European Union was brought
before the Court of First Instance of the European Communities
on 24 February 2000 by Virgı́nia Joaquim Matos, residing in                                (Language of the case: French)
Montijo, Portugal, represented by Georges Vandersanden and
Laure Levi, of the Brussels Bar, with an address for service in
Luxembourg at Société de Gestion Fiduciaire SARL, 2-4 Rue                An action against the Council of the European Union was
Beck.                                                                    brought before the Court of First Instance of the European
                                                                         Communities on 28 February 2000 by Javier Martinez Lara
                                                                         and Milva Urbán Penón, residing at Brussels, represented by
The applicant claims that the Court should:                              Jean-Noël Louis, Greta-Françoise Parmentier and Véronique
                                                                         Peere, of the Brussels Bar, with an address for service in
— annul decision 1999/307 of the Council of 1 May 1999                   Luxembourg at the offices of the Société de Gestion Fiduciaire
    laying down the detailed arrangements for the integration            SARL, 2-4 Rue Beck.
    of the Schengen secretariat into the General Secretariat of
    the Council;                                                         The applicants claim that the Court should:
— annul the decisions to appoint four persons to LA 7 posts              — annul the decision of the appointing authority of 28 July
    in the Portuguese Division of the Council’s Language                     1999 to reject the applicants’ application to define Compe-
    Service;                                                                 tition B/260 as a ‘non-specialised’ competition concerning
                                                                             passage from one category to another for the purpose of
— annul the subsequent implied decisions not to appoint the                  drawing up a reserve list of administrative assistants of
    applicant to one of those posts;                                         Grade B5;
 ---pagebreak--- 29.4.2000             EN                       Official Journal of the European Communities                                  C 122/41
— annul the jury’s decision not to put their names on the list                   Removal from the register of Case T-193/98 (1)
    of successful candidates in Internal Competition B/260:
                                                                                                  (2000/C 122/63)
— order the defendant to pay the costs.
                                                                                             (Language of the case: Greek)
Pleas in law and main arguments                                           By order of 18 February 2000 the President of the Second
                                                                          Chamber of the Court of First Instance of the European
                                                                          Communities has ordered the removal from the register of
The applicants state that the Council had organised an Internal           Case T-193/98: Vassilis Boucouvalas v European Parliament.
Competition B/260 concerning passage from one category to
another on the basis of tests, in order to fill three administrative
assistants’ posts. After the tests had been marked by the jury,           (1) OJ C 48 of 20.2.1999.
by letters of 27 November 1998, the Directorate for Personnel
and Administration informed the applicants that they had
obtained 109 and 105 marks respectively in the written and
oral tests overall, which would have allowed them to be
included in fifth and sixth places on the list of suitable
candidates. In accordance with the footnote on page 1 and
with Chapter V of the notice of competition, the jury did not
place them on the list of suitable candidates, since the number
of successful candidates cannot exceed the number of posts to                     Removal from the register of Case T-88/99 (1)
be filled, namely three posts.
                                                                                                  (2000/C 122/64)
During the pre-litigation stage, the applicants claimed that,
according to the information at their disposal, only one of the
three posts to be filled was occupied by one of the successful                               (Language of the case: Greek)
candidates and that, therefore, the competition at issue was
not a competition designed to fill specific posts, but a                  By order of 18 February 2000 the President of the Second
non-specialised competition concerning passage from one                   Chamber of the Court of First Instance of the European
category to another. They requested, consequently, that a full            Communities has ordered the removal from the register of
reserve list be drawn up including all the candidates who had             Case T-88/99: Vassilis Boucouvalas v European Parliament.
passed the tests, including themselves.
                                                                          (1) OJ C 160 of 5.6.1999.
In support of their claims before the Court of First Instance,
the applicants plead:
— infringement of Article 4 of the Staff Regulations, and of
    the general principle prohibiting appointment by order;
— infringement of Article 29(1) of the Staff Regulations;                        Removal from the register of Case T-207/99 R
— infringement of:                                                                                (2000/C 122/65)
    — Staff Notice No 16/91 concerning the general arrange-
         ments for applying the system of internal competitions,                            (Language of the case: Spanish)
         and in particular point ‘D’ thereof,
                                                                          By order of 14 February 2000 the President of the Court of
    — Staff Notices No 70/97 and 32/98 concerning Internal                First Instance of the European Communities has ordered the
                                                                          removal from the register of Case T-207/99 R: Asociación de
         Competition B/260.
                                                                          Fruticultores del Jalón Medio v Commission of the European
                                                                          Communities.