CELEX: C2003/007/47
Language: en
Date: 2003-01-11 00:00:00
Title: Case T-337/02: Action brought on 11 November 2002 by Olga Lutz Herrera against Commission of the European Communities

C 7/24                 EN                     Official Journal of the European Communities                                     11.1.2003
Pleas in law and main arguments                                          —     order the defendant to pay the costs.
The applicant seeks the annulment of the decision of the
selection board in competition COM/R/A/2000 refusing to
include her name on the reserve list.                                    Pleas in law and main arguments
In support of her claims, the applicant relies on four pleas             The present action seeks the annulment of the decision by
in law. First, she alleges breach of the principle of non-               which the applicant was notified of her non-admission to the
discrimination, breach of essential procedural requirements,             tests in competition COM/A/10/01 because she was beyond
infringement of the rules governing the organisation of tests            the age-limit provided for in the notice of competition.
and infringement of Article 3 of Annex III to the Staff
Regulations. In the applicant’s view, the selection board was
not composed of a stable number of members and did not                   The pleas in law and main arguments have previously been
carry out its work impartially.                                          put forward in T-219/02 Lutz Herrera v Commission ( 1).
The applicant in her second plea in law alleges infringement
                                                                         (1 ) OJ 2002 C 233, p. 30.
of the competition notice.
Third, she alleges breach of the interest of the service,
infringement of Article 12 of the Conditions of Employment
of Other Servants of the European Communities and manifest
error of assessment.
Finally, the applicant pleads breach of the principle of equal           Action brought on 13 November 2002 by the SEGI
treatment between men and women, breach of the equal                     association, Araitz Zubimendi Izaga and Aritza Galarraga
opportunity policy, breach of positive actions and breach of                        against Council of the European Union
the principle according to which the administration is bound
by the acts which it adopts.
                                                                                                  (Case T-338/02)
                                                                                                    (2003/C 7/48)
                                                                                            (Language of the case: French)
Action brought on 11 November 2002 by Olga Lutz
Herrera against Commission of the European Communi-
                               ties
                                                                         An action against the Council of the European Union was
                                                                         brought before the Court of First Instance of the European
                        (Case T-337/02)                                  Communities on 13 November 2002 by the SEGI association,
                                                                         Araitz Zubimendi Izaga and Aritza Galarraga, established in
                          (2003/C 7/47)                                  Baiona (France) and in Donostia (Spain), Araitz Zubimendi
                                                                         Izaga, residing in Hernani (Spain), and Aritza Galarraga,
                                                                         residing in Senpere (France), represented by Didier Rouget,
                  (Language of the case: Spanish)                        avocat.
                                                                         The applicants claim that the Court should:
An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 11 November 2002 by Olga Lutz                    —     order the defendant to pay compensation amounting to
Herrera, residing in Brussels, represented by Ramón García-                    EUR 1 000 000 to the SEGI association and
Gallardo and Javier Guillem Carrau, lawyers.                                   EUR 100 000 to each of the other two applicants, Araitz
                                                                               Zubimendi Izaga and Aritza Galarraga;
The applicant claims that the Court should:                              —     find that those amounts give rise to default interest at the
                                                                               rate of 4,5 % per annum with effect from the date of the
—     annul the decision of the Commission refusing Olga                       judgment of the Court of First Instance and until actual
      Lutz’s application to take part in COM/A/10/01; and                      payment is effected;