CELEX: C1997/370/18
Language: en
Date: 1997-12-06 00:00:00
Title: Action brought on 29 September 1997 by Eleonore Orthmann against the Commission of the European Communities (Case T-261/97)

c 370/8               EN                  Official Journal of the European Communities                                    6 . 12 . 97
Action brought on 29 September 1997 by Eleonore                      So far as concerns the provision, in the present case, of the
Orthmann against the Commission of the European                      degree requirement, the applicant claims that the
                          Communities                                cumulative requirement of a university degree and
                       ( Case T-261 /97 )                            equivalent experience is contrary to the staff Regulations
                                                                     and introduces an unlawful restriction in respect of those
                         ( 97/C 370/ 18 )                            candidates who are eligible for the vacant post because
                                                                     they have proven experience in the duties to be
                                                                     undertaken .
                (Language of the case: Italian)
An action against the Commission of the European                     As regards the failure to provide a statement of reasons
Communities was brought before the Court of First                    for the rejection of the candidature, the applicant insists
Instance of the European Communities on 29 September                 that it appears unfair to have to wait until a reply is made
1997 by Eleonore Orthmann, represented by Giuseppe                   to the complaint in order to learn the reasons for the
Marchesini, of the Vicenza Bar, with an address for service          authority's rejection of the candidature .
in Luxembourg at the Chambers of Ernest Arendt, Rue
Mathias Hardt .                                                      Finally, she affirms that the appointment of the candidate
                                                                     by the administrative authority is contrary to the wording
The applicant claims that the Court should:                          of the notice in issue inasmuch as the appointee was not a
                                                                     member of the Commission 's staff and had an external
                                                                     employment relationship only with it .
— annul the decision whereby the applicant's candidature
     was excluded in the context of vacancy notice COM/
     R/5603/96 ,
— annul the 'appel a manifestation d'interef ( call for
     expressions of interest ) inasmuch as it is contrary to         Action brought on 29 September 1997 by Dr Anthony
     Article 29 of the Staff Regulations and, so far as              Goldstein against the Commission of the European
     concerns Post NPPR/2027/96, on the ground that it                                          Communities
     imposes a double requirement for admission,                                             ( Case T-262/97)
                                                                                               ( 97/C 370/ 19 )
— annul the appointment of Gabriela Christ either on the
     ground of the procedure followed in the present case
     or because the applicant was not a member of staff of                            (Language of the case: English)
     the Commission,
                                                                     An action against the Commission of the European
— make an appropriate order as to costs .                            Communities was brought before the Court of First
                                                                     Instance of the European Communities on 29 September
                                                                      1997 by Dr Anthony Goldstein, represented by Raymond
Pleas in law and main arguments adduced in support:                  St John Murphy of Merriman White, Solicitor, 3 King's
                                                                     Bench Walk, Inner Temple, London .
The applicant, an official in Category B at the Joint
 Research Centre in Ispra , contests the rejection of her            The applicant claims that the Court should :
candidacy for a vacant post involving duties which she
 had been carrying out for years in the Einecs Committee,
 but which was reclassified in Category A. Since no                  — order the defendant to pay compensation for the
 appointment was made following the vacancy notice, the                   damage suffered by him to be determined by the Court
 Commission, by means of the ' appel a manifestation                      ex aequo et bono or by an expert together with
 d'interef, called for the submission of candidatures for a               default interest at a rate to be fixed by the Court,
 large number of posts, among which was listed the
 abovementioned post under Category A. The applicant                  — order the defendant to pay the costs .
 states that she was put at a particular disadvantage by the
 reintroduction of the requirement of a chemistry degree .
                                                                      Pleas in law and main arguments adduced in support:
 She maintains in this respect that the Commission could
 not prevent an official in Category B from being                     In 1993 the applicant, a Community medical specialist in
 appointed to a post in Category A given that in the                  rheumatology, submitted to the Commission under
 context of scientific or technical posts Article 98 , which is       Article 3 ( 2 ) of Council Regulation No 17 an application
 a provision specifically intended for officials in, scientific       for a finding that the General Medical Council, a
 or technical posts, derogates from the provisions of                 statutory body which regulates the medical profession in
 Article 45 of the Staff Regulations, according to which              the territory of the United Kingdom, had infringed
 promotion from one category to another may only be                   Articles 85 and 86 of the EC Treaty. At the same time as
 awarded on the basis of a competition .                              the complaint the applicant requested interim measures