CELEX: C2005/182/72
Language: en
Date: 2005-07-23 00:00:00
Title: Case T-173/05: Action brought on 27 April 2005 by Martine Heus against the Commission of the European Communities

23.7.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 182/39
            
         Action brought on 27 April 2005 by Martine Heus against the Commission of the European Communities
   (Case T-173/05)
   (2005/C 182/72)
   Language of the case: French
   An action against the Commission of the European Communities was brought before the Court of First Instance of the European Communities on 27 April 2005 by Martine Heus, Anderlecht (Belgium), represented by Lucas Vogel, lawyer.
   The applicant claims that the Court should:
   
               1.
            
            
               annul the decision adopted by the appointing authority on 7 January 2005 rejecting the complaint lodged by the applicant on 18 October 2004 against the decision of 19 July 2004 adopted by the chairman of the selection board in competition COM/PC/04 refusing to admit the applicant to that competition;
            
         
               2.
            
            
               annul, to the extent necessary, the decision adopted on 19 July 2004 by the chairman of the selection board in competition COM/PC/04;
            
         
               3.
            
            
               order the defendant to pay the costs.
            
         Pleas in law and main arguments
   The applicant was refused admission to competition COM/PC/04 on the ground that she did not fulfil the requirement of five years' seniority within the Commission or another institution, as the periods of professional activity she had spent in the Commission on a temporary basis were not taken into account by the selection board in the competition.
   In support of her application the applicant relies on pleas of breach of Articles 27 and 29(1) of the Staff Regulations and a manifest error of assessment in so far as the contested decisions and the notice of competition, or in any event the interpretation given to them by the appointing authority, resulted in the rejection of the applicant for reasons relating solely to her former administrative status (as member of the contract staff rather than a member of staff covered by the Conditions of Employment).
   The applicant also relies on a plea of breach of the principle of non-discrimination, in so far as the criteria at issue allowed other candidates to be admitted to the competition although they were less competent or had less professional experience within the Commission.