CELEX: C2003/184/103
Language: en
Date: 2003-08-02 00:00:00
Title: Case T-191/03: Action brought on 26 May 2003 by Alexandre Tilgenkamp against the Commission of the European Communities

C 184/48              EN                          Official Journal of the European Union                                             2.8.2003
Action brought on 26 May 2003 by Alexandre Tilgenkamp                     Instance to annul the previous          appointment of the same
   against the Commission of the European Communities                     candidate to the same post. (1)         It therefore appears from
                                                                          objective, relevant and consistent      evidence that the contested
                         (Case T-191/03)                                  measures were taken in order to         achieve an end other than
                                                                          that of complying in good faith         with the judgment in Case
                                                                          T-158/01.
                        (2003/C 184/103)
                   (Language of the Case: French)                         (1) Judgment of 9 July 2002 in Case T-158/01 Tilgenkamp v Commis-
                                                                              sion, not yet published in the European Court Reports.
An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 26 May 2003 by Alexandre Tilgen-
kamp, resident in Overijse (Belgium), represented by Éric
Boigelot.
                                                                          Action brought on 3 June 2003 by Atlantean Limited
The applicant claims that the Court should:                                  against the Commission of the European Communities
—     annul the decision of the appointing authority of 24 July                                      (Case T-192/03)
      2002 to publish vacancy notice COM/125/02 for the post
      of Deputy Director-General of the Directorate-General for                                     (2003/C 184/104)
      Agriculture;
—     annul the decision of the appointing authority of                                       (Language of the case: English)
      19 November 2002 to appoint another candidate to that
      vacant post;
                                                                          An action against the Commission of the European Commu-
—     annul the decision of the appointing authority of
                                                                          nities was brought before the Court of First Instance of the
      27 November 2002 not to select the applicant for that
                                                                          European Communities on 3 June 2003 by Atlantean Limited,
      post;
                                                                          Donegal, Ireland, represented by Mr A. Hussey, Solicitor,
—     order the defendant to pay to the applicant, provisionally,         Mr G. Hogen, Senior Counsel, and Mr E. Regan, Barrister,
      the sum of EUR 1 from an amount to be determined for                with an address for service in Luxembourg.
      non-material harm, and a sum, assessed on an equitable
      basis, in damages for non-material harm and prejudice to            The applicant claims that the Court should:
      the applicant's career equal to half of the amount of the
      material damage which will be finally determined;                   —      annul Commission Decision of 4 April 2003 (2003/245/
                                                                                 EC) insofar as it provides for the rejection of the request
—     order the defendant to pay the costs in any event.                         by Ireland , in respect of the vessel the MFV Atlantean, to
                                                                                 increase capacity MAGP (IV) objectives for reasons of
                                                                                 safety, navigation at sea, hygiene, product quality and
                                                                                 working conditions that concern vessels of more than
Pleas in law and main arguments                                                  12 m in length overall, as set out in Annex 2 of the said
                                                                                 Decision.
The applicant in this case challenges both the rejection of his
application for the post of Deputy Director-General of the                —      order the Commission to pay the applicant's costs of
Directorate-General for Agriculture (vacancy notice COM/125/                     these proceedings
02) and the appointment of another candidate to that post.
In support of his claims, the applicant pleads that Article 7,
the second paragraph of Article 25, the third paragraph of                Pleas in law and main arguments
Article 27, Article 29(1)(a) and Article 45(1) of the Staff
Regulations, and the code of conduct adopted on 18 September              The applicant replaced its fishing vessel with a new vessel, the
1999 on appointments to Grades A 1 and A 2 were infringed,                MFV Atlantean. This vessel was ordered in 1997 and delivered
that the appointment procedure was flawed, that there was a               in 1999. It incorporated safety improvements which gave rise
misuse of powers, and that general principles of law, such as             to an increase in the capacity of gross tonnage. The applicant
the principle of legality (failure to observe the terms of the            relied in this respect on Article 4(2) of Council Decision 97/
vacancy notice) and the principle of the protection of legit-             413/EEC (1) of 26 June 1997 concerning the objectives and
imate expectations, were disregarded.                                     detailed rules for restructuring the Community fisheries sector
                                                                          for the period from 1 January 1997 to 31 December 2001
He contends in particular that the appointment of the candi-              with a view to achieving a balance on a sustainable basis
date ultimately chosen, who had been already been appointed               between resources and their exploitation. This article provides
once before, was predetermined and that everything contrib-               that increases in capacity resulting exclusively from safety
uted towards his being appointed again, including publication             improvements shall justify, on a case by case basis, an increase
of a vacancy notice particularly lacking its essential elements,          by the same amount of the objectives for fleet segments where
that is to say precisely those which had led the Court of First           they do not increase the fishing effort of the vessels concerned.