CELEX: C2004/007/75
Language: en
Date: 2004-01-10 00:00:00
Title: Case T-361/03: Action brought on 27 October 2003 by Philippe Vanlangendonck against the Commission of the European Communities

10.1.2004              EN                         Official Journal of the European Union                                            C 7/41
Action brought on 27 October 2003 by Philippe Van-                        —     breach of the principle of the rule of law and of the EC
langendonck against the Commission of the European                              Treaty since, contrary to the opinion of the chairman of
                          Communities                                           the selection board, the Director of EPSO stated that the
                                                                                competition notice does not allow for the possibility of
                                                                                an oral test on an ex aequo basis, even though it is settled
                         (Case T-361/03)
                                                                                case-law that the selection board is bound by the terms
                                                                                of the competition notice;
                          (2004/C 7/75)
                                                                          —     breach of the principle of equal treatment of candidates.
                   (Language of the case: French)                               The applicant asks in that connection why the selection
                                                                                board, which performed its duties perfectly well in
                                                                                selecting and comparing the merits of candidates ranging
                                                                                from best to 149th in order of merit, suddenly proved
An action was brought before the Court of First Instance of                     incapable of comparing and making a selection among
the European Communities on 27 October 2003 against                             seven candidates on an ex aequo basis.
the Commission of the European Communities by Philippe
Vanlangendonck, residing in Overijse (Belgium), represented
by Bernard Laurent, Lawyer.
The applicant claims that Court of First Instance should:
—     verify the legality of the rejection of complaints Nos R/
      134/03 and R/139/03 registered by ADMIN. B2 —                       Action brought on 4 November 2003 by Rafael de
      Appeals Unit, on 27 March 2003, adopted by the acting               Bustamante Tello against the Council of the European
      Director of EPSO in his capacity of appointing authority                                          Union
      on 17 July 2002, notified by letter sent on 25 July 2003
      and received on 28 July 2003 in relation to a refusal to
      annul or amend a published list of successful candidates                                    (Case T-368/03)
      in competition COM/A/10/01 which was manifestly
      vitiated by errors or irregularities;                                                         (2004/C 7/76)
—     verify the legality of the refusal by the Chairman of the
      selection board in competition COM/A/10/01 and the                                     (Language of the case: Spanish)
      appointing authority to explain and disclose objective
      and relevant information;
—     order the defendant to pay the sum of EUR 400 000 to                An action against the Council of the European Union was
      the applicant by way of damages for the loss suffered               brought before the Court of First Instance of the European
      (subject to increase or decrease of that sum in the course          Communities on 4 November 2003 by Rafael de Bustamante
      of the proceedings).                                                Tello, residing in Brussels (Belgium), represented by D. Ramón
                                                                          García-Gallardo and M. Dolores Domínguez Pérez, lawyers.
Pleas in law and main arguments
                                                                          The applicant claims that the Court should:
The applicant takes exception to the administration’s refusal             —     annul the Council decision of 28 July 2003 which
to annul or amend a published list of successful candidates in                  dismisses the claim of 14 April 2003 in that it does not
competition COM/A/10/01 which was manifestly vitiated by                        recognise the right to receive an expatriation allowance
errors or irregularities and the refusal to provide information                 and, accordingly, other related allowances;
as asked for by the applicant to enable him to consider whether
or not he has been the subject of discrimination on grounds               —     order the defendant to pay the full costs.
of his nationality in the course of the procedure and the
compilation of results of the oral test in the abovementioned
competition.
                                                                          Pleas in law and main arguments
In support of his claims, the applicant alleges:
—     a manifest error of law or of fact in that the selection            The applicant in the present case challenges the failure of the
      board placed 156 people on the list of successful                   appointing authority to recognise the right to an expatriation
      candidates rather than the 150 prescribed by the compe-             allowance and other related allowances (Article 4 of Annex VII
      tition notice;                                                      to the Staff Regulations).