CELEX: C2007/269/131
Language: en
Date: 2007-11-10 00:00:00
Title: Case F-90/07: Action brought on 17 September 2007 — Traore v Commission

10.11.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 269/72
            
         Action brought on 17 September 2007 — Traore v Commission
   (Case F-90/07)
   (2007/C 269/131)
   Language of the case: French
   Parties
   
      Applicant: Amadou Traore (Rhodes Saint Genèse, Belgium) (represented by: E. Boigelot, lawyer)
   
      Defendant: Commission of the European Communities
   Form of order sought
   
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               annul the decision rejecting the applicant's candidature for the post of chargé d'affaires ad interim at the Commission Delegation in Togo, to which Mr X was appointed;
            
         
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               annul Mr X's appointment to the post;
            
         
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               annul the decision rejecting the applicant's candidature for the post of Head of Operations at the Commission Delegation in Tanzania, to which Mr Y was appointed;
            
         
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               annul Mr Y's appointment to the post;
            
         
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               order the defendant to pay, by way of compensation for the non-material damage and the detriment to the applicant's career, in the sum of EUR 3 500;
            
         
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               order the defendant to pay the costs.
            
         Pleas in law and main arguments
   In support of his action, the applicant relies, first, on breach of the recruitment procedure, inasmuch as (i) the level of the posts at issue was set at Grades AD 9 to AD 14, in breach of the principles laid down, principally in the judgment in Economidis v Commission
       (1), and (ii) the notice of vacancy for the first of the posts at issue and the order of priority laid down in Article 29(1) of the Staff Regulations of Official of the European Communities (‘the Staff Regulations’) were not complied with. He adds that the comparative examination of the merits was not carried out, demonstrating the existence of a misuse of powers and a breach of the principles of equal treatment and reasonable career prospects.
   The applicant claims, in addition, that the Commission infringed Article 1d(1) of the Staff Regulations, inasmuch as it rejected his candidatures principally because of his African origin.
   
      (1)  Judgment of 14 December 2006 in Case F-122/05, OJ C 331, 30.12.2006, p. 47.