CELEX: C2001/061/30
Language: en
Date: 2001-02-24 00:00:00
Title: Case T-361/00: Action brought on 27 November 2000 by Antonio Cherenti against the Commission of the European Communities

24.2.2001               EN                     Official Journal of the European Communities                                       C 61/15
—     and to pay for all costs.                                           Pleas in law and main arguments
                                                                          The applicant, a grade C Commission official, is contesting the
Pleas in law and main arguments                                           Commission’s decision refusing to admit her to the tests in
                                                                          competition COM/TB/99 for the constitution of a reserve list
The applicant explains that the Office for Harmonisation in               of administrative assistants, senior administrative assistants
the Internal Market (OHIM) published an advertisement for a               and principal administrative assistants (grades B5/B4, B3/B2
job as a lawyer-linguist. Before going to the trouble of sending          and B1), on the ground that she did not possess the pro-
in a full application pack for the job, he wrote to check that            fessional experience required in category B.
his age would not be held against him. In answer to his letter,
the OHIM sent him the application forms, stressed the                     The applicant complains that the Commission unlawfully
importance of relevant ‘qualifications and experience’, and               refused to take account of the professional experience gained
raised no objection to his age. Nevertheless, in August 2000              by her in a category C job at a level corresponding to the
he was rejected on the grounds that he was a year older than              duties to be performed.
the OHIM wished.
                                                                          Although the competition notice may have provided that the
In these circumstances, the applicant claims compensation on              candidates were to have acquired the professional experience
the basis of the illegality of the OHIM’s decision on the grounds         relating to category B, that condition and the contested
of discrimination in the OHIM’s employment procedure                      decision taken on the basis of the notice are equally vitiated by
(ageism) and breach of vested rights and legitimate expec-                illegality.
tations.
Action brought on 27 November 2000 by Justina Martı́-                     Action brought on 27 November 2000 by Antonio
nez Alarcón against the Commission of the European                       Cherenti against the Commission of the European Com-
                            Communities                                                                munities
                          (Case T-357/00)                                                          (Case T-361/00)
                           (2001/C 61/29)                                                           (2001/C 61/30)
                    (Language of the case: French)                                           (Language of the case: French)
An action against the Commission of the European Communi-                 An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the                ties was brought before the Court of First Instance of the
European Communities on 27 November 2000 by Justina                       European Communities on 27 November 2000 by Antonio
Martı́nez Alarcón, residing in Brussels, represented by Carlos           Cherenti, residing at Thuin (Belgium), represented by Carlos
Mourato, of the Brussels Bar.                                             Mourato, of the Brussels Bar.
The applicant claims that the Court should:                               The applicant claims that the Court should:
—     annul the decisions dated 28 January 2000 and 24 Febru-             —     annul the decision dated 28 January 2000 of the selection
      ary 2000 of the selection board in competition                            board in competition COM/TB/99, deciding not to admit
      COM/TB/99, deciding not to admit the applicant to that                    the applicant to that competition, and the implicit
      competition, and the implicit decision of the appointing                  decision of the appointing authority dated 7 September
      authority dated 28 August 2000 giving a negative                          2000 giving a negative response to the complaint submit-
      response to the complaint submitted by the applicant;                     ted by the applicant;
—     alternatively, order the defendant to pay to the applicant          —     alternatively, order the defendant to pay to the applicant
      the sum of BEF 3 160 000, subject to alteration during                    the sum of BEF 7 350 000, subject to alteration during
      the course of the proceedings, by way of compensation                     the course of the proceedings, by way of compensation
      for material and non-material damage;                                     for material and non-material damage;
—     order the defendant to pay the costs.                               —     order the defendant to pay the costs.
 ---pagebreak--- C 61/16                EN                     Official Journal of the European Communities                                    24.2.2001
Pleas in law and main arguments                                          Action brought on 27 November 2000 by Sophie Van
                                                                         Weyenbergh against the Commission of the European
                                                                                                    Communities
The pleas in law and arguments are similar to those put
forward in Case T-357/00 Martı́nez Alarcón v Commission.                                         (Case T-364/00)
                                                                                                   (2001/C 61/32)
                                                                                             (Language of the case: French)
                                                                         An action against the Commission of the European Communi-
                                                                         ties was brought before the Court of First Instance of the
                                                                         European Communities on 27 November 2000 by Sophie Van
Action brought on 27 November 2000 by Luigia Dricot                      Weyenbergh, residing at Tervuren (Belgium), represented by
  against the Commission of the European Communities                     Carlos Mourato, of the Brussels Bar.
                         (Case T-363/00)                                 The applicant claims that the Court should:
                                                                         —     annul the decision dated 28 January 2000 of the selection
                          (2001/C 61/31)                                       board in competition COM/TB/99, deciding not to admit
                                                                               the applicant to that competition, and the implicit
                                                                               decision of the appointing authority dated 9 October
                                                                               2000 giving a negative response to the complaint submit-
                   (Language of the case: French)                              ted by the applicant;
                                                                         —     alternatively, order the defendant to pay to the applicant
An action against the Commission of the European Communi-                      the sum of BEF 2 941 667, subject to alteration during
ties was brought before the Court of First Instance of the                     the course of the proceedings, by way of compensation
European Communities on 27 November 2000 by Luigia                             for material and non-material damage;
Dricot, residing at Overijse (Belgium), represented by Carlos
Mourato, of the Brussels Bar.                                            —     order the defendant to pay the costs.
The applicant claims that the Court should:                              Pleas in law and main arguments
—     annul the decisions dated 28 January 2000 and 24 Febru-            The pleas in law and arguments are similar to those put
      ary 2000 of the selection board in competition                     forward in Case T-357/00 Martı́nez Alarcón v Commission.
      COM/TB/99, deciding not to admit the applicant to that
      competition, and the implicit decision of the appointing
      authority dated 28 August 2000 giving a negative
      response to the complaint submitted by the applicant;
—     alternatively, order the defendant to pay to the applicant
      the sum of BEF 500 000, subject to alteration during the
      course of the proceedings, by way of compensation for              Action brought on 30 November 2000 by Scott S.A.
      material and non-material damage;                                    against the Commission of the European Communities
                                                                                                  (Case T-366/00)
—     order the defendant to pay the costs.
                                                                                                   (2001/C 61/33)
Pleas in law and main arguments
                                                                                            (Language of the case: English)
The pleas in law and arguments are similar to those put                  An action against the Commission of the European Communi-
forward in Case T-357/00 Martı́nez Alarcón v Commission.                ties was brought before the Court of First Instance of the
                                                                         European Communities on 30 November 2000 by Scott S.A.,
                                                                         a company registered in France, represented by Jeremy Lever
                                                                         QC and George Peretz, Barristers and Robin Griffith, Solicitor
                                                                         of Clifford Chance, London.