CELEX: C2003/112/38
Language: en
Date: 2003-05-10 00:00:00
Title: Case C-150/03 P: Appeal brought on 2 April 2003 by Chantal Hectors against the judgment delivered on 23 January 2003 by the Fifth Chamber of the Court of First Instance of the European Communities in Case T-181/01 between Chantal Hectors and European Parliament

C 112/22                 EN                       Official Journal of the European Union                                        10.5.2003
Appeal brought on 2 April 2003 by Chantal Hectors                         —    The Court of First Instance infringed the general obli-
against the judgment delivered on 23 January 2003 by the                       gation to state the grounds on which decisions are based.
Fifth Chamber of the Court of First Instance of the
European Communities in Case T-181/01 between Chan-                            The judgment of the Court of First Instance wrongly
             tal Hectors and European Parliament                               considers that the decision of the authority empowered
                                                                               to conclude contracts of employment not to appoint the
                                                                               applicant provides an adequate statement of reasons by
                          (Case C-150/03 P)                                    stating that the relevant internal rules according to which
                                                                               the chairman of the political group concerned had to
                                                                               choose one of the first three candidates on the list of
                           (2003/C 112/38)                                     suitable candidates drawn up by the selection board.
                                                                          —    The Court of First Instance infringed Article 12 of the
                                                                               Conditions of Employment of Other Servants of the
An appeal against the judgment delivered on 23 January 2003                    European Communities.
by the Fifth Chamber of the Court of First Instance of the                     The judgment of the Court of First Instance is wrong in
European Communities in Case T-181/01 between Chantal                          not finding that there was a manifest error of assessment
Hectors and European Parliament was brought before the                         in that it was not established that an assessment of the
Court of Justice of the European Communities on 2 April 2003                   candidates’ qualifications had taken place.
by Chantal Hectors, represented by Georges Vandersanden and
Laure Levi, with an address for service in Luxembourg.                    —    The Court of First Instance disregarded the principle of
                                                                               equal treatment.
The appellant claims that the Court should:                                    The judgment of the Court of First Instance wrongly
                                                                               considers that the applicant has not established a pre-
                                                                               sumption of direct or indirect discrimination on the basis
—     set aside the judgment of the Court of First Instance of
                                                                               that the applicant was 6 months pregnant at the time of
      the European Communities of 23 January 2003 in Case
                                                                               the recruitment procedure.
      T-181/01 and
—     accordingly, uphold the applicant’s claims at first instance
      and, thus,
      —     annul the decision taken, on a date unknown, by
            the authority empowered to conclude contracts of              Appeal brought on 2 April 2003 by Karl L. Meyer against
            employment appointing Mr A. B. to the post of                 the judgment of 13 February 2003 of the Third Chamber
            administrator in the PPE-DE Group of the European             of the Court of First Instance of the European Communi-
            Parliament and the decision, of unknown date,                        ties in Case T-333/01 K. Meyer v Commission
            rejecting the applicant’s candidature for that post
            and, in so far as necessary, annul the decision
                                                                                                 (Case C-151/03 P)
            rejecting the applicant’s complaint, taken on 28 May
            2001;
                                                                                                  (2003/C 112/39)
      —     order the defendant to pay damages assessed at
            EUR 60 554,7, subject to increment;
                                                                          An appeal against the judgment of 13 February 2003 of the
      —     order the defendant to pay the entire costs incurred          Third Chamber of the Court of First Instance of the European
            at first instance and on appeal.                              Communities in Case T-333/01 K. Meyer v Commission.
                                                                          was brought before the Court of Justice of the European
                                                                          Communities on 2 April 2003 (lodged by fax on 23 March
                                                                          2003) by Karl L. Meyer, represented by Jean-Dominique des
                                                                          Arcis.
Pleas in law and main arguments
—     The Court of First Instance disregarded the principle               The applicant claims that the Court should:
      ‘patere quam ipse legem fecisti’ and the principle of
      legality.                                                           —    set aside paragraphs 38, 39 and 40 of the judgment of
                                                                               the Court of First Instance;
      The judgment of the Court of First Instance wrongly
      considers that the authority empowered to conclude                  —    amend and correct accordingly paragraphs 41 to 47 of
      contracts of employment has unfettered discretion to                     the judgment;
      organise interviews with the candidates when neither the
      internal rules on the recruitment of members of the                 —    order the Commission to pay the costs incurred at first
      temporary staff nor the vacancy notice provide for them.                 instance and on appeal.