CELEX: C1995/268/57
Language: en
Date: 1995-10-14 00:00:00
Title: Action brought on 10 August 1995 by Luigia Dricot and 29 others against the Commission of the European Communities (Case T-159/95)

14 . 10 . 95          EN                 Official Journal of the European Communities                                 No C 268/27
contained in each consignment, the obligation to provide            reasons, contrary to the second paragraph of Article 25 of
security to each of the intervention agencies, and the              the Staff Regulations of officials .
requirement that tenderers must have a commercial
structure in each Member State . The refusal of the                 The applicants also plead an infringement of the terms of the
applicant's tender occurred during a period of one and a half       notice of competition, in that the selection board failed to
years throughout which the defendant, contrary to its               have regard to the nature of the oral test as described in the
former practice, either did not sell any intervention tobacco       said notice . They consider, first, that the candidates from the
at all or sold only to very large international undertakings,       Secretariat, into which category the applicants fall, were
thereby preventing small and medium-sized undertakings in           treated less favourably than their colleagues engaged in
the tobacco sector from obtaining any supplies whatever.            work falling directly within the administrative, budgetary,
                                                                    financial, accounting or technical fields, inasmuch as the
The applicant considers that the Commission has                     files to be dealt with for the purposes of the tests related only
committed a manifest breach of overriding principles of law,        to those fields and not to the Secretariat .
such as the principles of equality and proportionality, and
also a manifest error of assessment, by preventing the entire
class of small and medium-sized Greek undertakings from             They further point out that not all of the members of the
participating in the tendering procedures . The damage thus         selection board participated in all of the oral tests for all of
caused to the applicant goes far beyond the normal risks            the candidates; consequently, the contested decisions were
inherent in the      exercise   of activities  in the   sector      adopted in breach not only of the rules governing the
concerned .                                                         activities of selection boards but also of the principle of
                                                                    non-discrimination and equal treatment between
                                                                    candidates .
                                                                    Lastly, the applicants consider that the decision whereby,
                                                                    despite the defendant's undertaking to provide for 60 posts
Action brought on 10 August 1995 by Luigia Dricot and 29            with a view to upgrading category C posts to category B
others against the Commission of the European                       posts, the number of candidates admitted to the oral tests
                          Communities
                                                                    was limited to 120 constitutes evidence not only of a breach
                       ( Case T-159/95 )                            of the obligation laid down in the fifth paragraph of
                         ( 95/C 268/57 )                            Article 5 of Annex III to the Staff Regulations but also of an
                                                                    intention to limit in advance the number of successful
                                                                    candidates .
                (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 10 August 1995
by Luigia Dricot, Roland Cardoen, Carrelo da Cunha,
Martine Cluyssen, Marie de Wasseige, Rosa De Briones,
Marie-Thérèse De Smedt, Anna Maria Del Grande,                       Action brought on 18 August 1995 by Lino Liao against the
Pascaline Deuquet, Mari Doncel , Valente Erasmo, Karine                             Council of the European Union
 Eulaerts, Lorella Feltrin, Yolanda Focci , Christa Forman,                                 ( Case T-161 /95 )
 Rodriguez Guadalupe, Odette Hubert, Jocelyne Husson,                                         ( 95/C 268/58 )
 Sheila Kinsella , Rosario Martinez Berzal , Maria
 Maurer-Reichl , Giordano Merletti, Erik Neesgaard, Marina
 Ogle, Soren Sorensen, Luciana Tenivella, Christiane Unden,                          (Language of the case: French)
 Myriam Van Dam, Rita Verschuren and Aurore Zanchet,
 represented by Jean-Noël Louis, Thierry Demaseure,
 Véronique Leclercq and Ariane Tornel, of the Brussels Bar,          An action against the Council of the European Union was
 with an address for service in Luxembourg at the offices of         brought before the Court of First Instance of the European
 Fiduciaire Myson Sàrl, 1 Rue Glesener.                              Communities on 18 August 1995 by Lino Liao, residing in
                                                                     Brussels, represented by Pierre-Paul van Gehuchten and
                                                                     Constantin Nikis, of the Brussels Bar, with an address for
 The applicants claim that the Court should:                         service in Luxembourg at the Chambers of Louis Schiltz, 2
 — annul the decision of the selection board for internal            Rue du Fort Rheinsheim .
     competition COM/B/9/93 awarding the applicants a
     lower mark for the oral test than the minimum required          The applicant claims that the Court should :
     and excluding them from the list of successful
     candidates,                                                     — annul the contested staff report,
 — order the defendant to pay the costs .
                                                                     — award the sum of Bfrs 250 000, to be increased or
 Pleas in law and main arguments adduced in support:                      decreased as appropriate during the course of the
                                                                          proceedings, as compensation for the material damage
 The applicants maintain, first that the contested decisions              suffered by the applicant in consequence of his having
 are vitiated by the complete absence of any statement of                 been denied any chance of promotion,