CELEX: C1996/247/38
Language: en
Date: 1996-08-24 00:00:00
Title: Action brought on 17 June 1996 by Martin Hagleitner against Commission of the European Communities (Case T-94/96)

24 . 8 . 96               EN                  Official Journal of the European Communities                                 No C 247/ 17
Alves Vieira ) — application for suspension of operation of              the light of candidates' qualifications, the examiners
the decision of the Commission of the European                           appointed were underqualified and that the objectivity of
Communities of 31 May 1996 reassigning the applicant to                  the competition had not been respected .
the Office for Official Publications of the European
Communities in Luxembourg — the President of the Court                   According to the applicant, there had never been any
of First Instance made an order on 25 July 1996 , the                    objective review of the marking of his written test papers ( c )
operative part of which is as follows :                                  and ( d ) and the Commission had improperly accepted the
                                                                         marking of the Austrian examiners .
1 . the application for interim measures is dismissed;
2.   the costs are reserved.
                                                                         In any event, the applicant submits, there was a breach of
                                                                         Article 3 of Annex III to the Staff Regulations to the
                                                                         detriment of all test participants , since the selection board
                                                                         for an 'accession competition ' had had recourse to national
                                                                         examiners serving, in fact, in a determinant capacity .
Action brought on 17 June 1996 by Martin Hagleitner                      On the basis of this procedural breach , the interests of all
    against Commission of the European Communities                       those taking part in the tests had been adversely affected , in
                                                                         view of the fact that there had been no objective and legally
                            ( Case T-94/96 )                             correct test procedure . Furthermore, it was very doubtful
                              ( 96/C 247/38 )                            whether anonymity had been respected , given the
                                                                         composition of the candidates successful in the written tests
                 (Language of the case: German)                          and of the examiners .
An action against the Commission of the European
Communities was brought before the Court of First
Instance of the European Communities on 17 June 1996 by
Martin Hagleitner, Vienna, represented by Harald Svoboda ,
Rechtsanwalt, Vienna , with an address for service in
                                                                         Action brought on 17 June 1996 by Gestevision Telecinco
Luxembourg at the Chambers of Alex Schmitt, of Bonn &
Schmitt, 62 Avenue Guillaume .
                                                                           SA against Commission of the European Communities
                                                                                                  ( Case T-95 /96 )
The applicant claims that the Court should :                                                        ( 96/C 247/39 )
— order the Commission to prove that the examiners were                                  (Language of the case: Spanish)
    qualified , that the competition procedure was
     anonymous and that the marking was objective ,
                                                                         An action against the Commission of the European
— arrange for the marking of the applicant's written test                Communities was brought before the Court of First
    papers ( c ) and ( d ) to be checked by qualified persons            Instance of the European Communities on 17 June 1996 by
     ( DG IV, Legal Service, DG I ),                                     Gestevision Telecinco SA , whose registered office is in
                                                                         Madrid , represented by Santiago Munoz Machado, of the
— set aside the measures taken in connection with                        Madrid Bar, with an address for service in Luxembourg
    competition COM/A/904 , or at least set aside the                    with Carlos Amo Quinones , 2 Rue Gabriel Lippmann .
    decision of the selection board in that competition not to
     admit the applicant to the oral tests ,
                                                                         The applicant claims that the Court should :
— order the defendant to pay all the costs .
                                                                         — declare that, by failing to adopt any decision on the
Pleas in law and main arguments adduced in support:                          complaints made by the applicant against the Kingdom
                                                                             of Spain alleging
After being admitted to the written tests, the applicant took
part in competition COM/A/904 to establish a reserve list                    — on 2 March 1992 that the aid received by the
for administrators of Austrian nationality . By letter of                         autonomous television companies ( Empresa Pública
1 June 1995 , the Commission informed the applicant that,                         de Radio Televisión de Andalucía , Corporació
on the basis of the results of his written tests, he did not                      Catalana de Radio i Televisió, Radio Televisión
feature among the 150 best applicants and for that reason                         Madrid , Empresa Pública Radio Televisión
was not to be admitted to the oral tests . It appeared from the                   Valenciana , Radio y Televisión de Galicia and Euskal
composition of the individual results, as set out in the                          Irrati Telebista ) from their respective Autonomous
Commission 's letter, that tests ( c ) and ( d ), in comparison                   Communities was incompatible with Article 92 of
with tests ( a ) and ( b ), were in fact indicated as having each a               the P'C Treaty, and
maximum possible mark of 30 .
                                                                             — on 12 November 1993 that the aid granted by the
The applicant claims that the marking of the written tests                        Spanish State to the public entity RTVE was also
was carried out by Austrian Government officials, that, in                        contrary to the same provision of the Treaty,