CELEX: C1996/016/37
Language: en
Date: 1996-01-20 00:00:00
Title: Action brought on 28 November 1995 by Ana María Moles García-Ortúzar against the Commission of the European Communities (Case T-216/95)

20 . 1 . 96           EN                 Official Journal of the European Communities                                  No C 16/17
Action brought on 28 November 1995 by Ana Maria Moles               As her final plea in support of her application for the
Garria-Ortuzar against the Commission of the European               annulment of the contested decision, the applicant points
                          Communities                               out that there has been a misuse of powers in the present
                       ( Case T-216/95 )                            case, based on the fact that the excessive difficulty of the
                                                                    tests resulted from a wish on the part of the administration
                           96/C 16/37 )
                                                                    not to fill the available posts.
                                                                    The objection of illegality raised against the notice of
               (Language of the case: French)                       competition is based on an alleged infringement of Article
                                                                    1 ( 1 ) ( e ) of Annex III to the Staff Regulations.
An action against the Commission of the European
Communities was brought before the Court of First
Instance of the European Communities on 28 November
1995 by Ana Maria Moles Garcia-Ortuzar, residing in
Brussels, represented by Marc-Albert Lucas, of the Liège
Bar .                                                               Action brought on 28 November 1995 by Lucia Passera
                                                                      against the Commission of the European Communities
                                                                                             ( Case T-217/95 )
The applicant claims that the Court should:                                                     ( 96/C 16/38 )
— annul the decision of the competition selection board                               (Language of the case: French)
    not to admit her to the list of successful candidates,
                                                                    An action against the Commission of the European
— annul the notice of internal competition COM/B/9/93               Communities was brought before the Court of First
    based on tests,                                                 Instance of the European Communities on 28 November
                                                                    1995 by Lucia Passera, residing at Overijse ( Belgium),
— order the Commission to pay the costs .                           represented by Marc-Albert Lucas, of the Liège Bar.
                                                                    The applicant claims that the Court should :
Pleas in law and main arguments adduced in support:
                                                                    — annul the decision of the competition selection board
                                                                         not to admit her to the list of successful candidates,
The applicant, an official of the Commission in grade CI ,
contests both the decision of the selection board in internal
                                                                    — annul the notice of internal competition COM/B/9/93
competition COM/B/9/93 based on tests to exclude her                     based on tests,
from the list of successful candidates and, by way of
objection of illegality, the notice of competition itself.
                                                                    — order the Commission to pay the costs .
She pleads, first, a breach of the obligation to provide a          Pleas in law and main arguments adduced in support:
statement of reasons, in that the contested decision fails to
mention either the assessment criteria adopted or the way in        The pleas in law and main arguments are the same as those
which those criteria were applied to her. Moreover, the             in Case T-216/95 .
Court should find that the notice of competition has not
been complied with and that the purpose of the tests has not
been observed, inasmuch as, first, the candidates were asked
questions during the oral interview which bore no relation
to those which they were legitimately entitled to expect, and,
second, those questions had no direct bearing on the
functions to be fulfilled or the applicant's ability to perform     Action brought on 4 December 1995 by Christophe
them.                                                                       Gimenez against the Committee of the Regions
                                                                                             ( Case T-220/95 )
According to the applicant, the Commission also acted                                           ( 96/C 16/39 )
contrary to the nature of the competition in issue, since the
interviews held by the selection board were based in                                  (Language of the case: French)
particular on the candidates' personal files, whereas the
competition was supposed to have been organized solely on
the basis of tests .                                                An action against the Committee of the Regions was
                                                                    brought before the Court of First Instance of the European
                                                                    Communities on 4 December 1995 by Christophe Gimenez,
Furthermore, the fact that the applicant, who holds a               residing in Brussels, represented by Eric Boigelot, of the
university qualification and has been awarded high marks in         Brussels Bar, with an address for service in Luxembourg
her staff reports, was not included amongst the successful          at the Chambers of Louis Schiltz, 2 Rue du Fort
candidates demonstrates a manifest error of assessment .            Rheinsheim .