CELEX: C2003/251/37
Language: en
Date: 2003-10-18 00:00:00
Title: Case T-293/03: Action brought on 21 August 2003 by Carla Giulietti against Commission of the European Communities

C 251/20             EN                         Official Journal of the European Union                                        18.10.2003
Pleas in law:                —     Breach of the principles of           —     annul the belated express rejection by the appointing
                                   the        coexistence       of             authority on 11 June 2003 of the applicant's administra-
                                   Community marks and                         tive appeal;
                                   national marks and signs
                                   and of the applicant's rights
                                   of defence.
                             —     In the alternative, infringe-
                                   ment of Article 8(1)(b) of
                                   Regulation (EC) No 40/94.             —     order the Commission to pay all the costs.
                                                                         Pleas in law and main arguments
                                                                         The applicant was a candidate in General Competition COM/
                                                                         A/6/01 to constitute a reserve for the recruitment of adminis-
                                                                         trators in the fields of external relations and management of
Action brought on 21 August 2003 by Carla Giulietti                      aid to non-member countries. The notice of competition con-
    against Commission of the European Communities                       tained the requirement of professional experience at a level
                                                                         commensurate with that of the duties described, for a mini-
                       (Case T-293/03)                                   mum period of three years. However, it was stated that officials
                                                                         and other servants of the European Communities were not
                       (2003/C 251/37)                                   required to have the abovementioned professional experience
                                                                         if they had served in category B for at least three years and had
                  (Language of the case: French)                         successfully completed a university course.
An action against the Commission of the European
Communities was brought before the Court of First Instance               Upon submitting her candidature, the applicant submitted as
of the European Communities on 21 August 2003 by Carla                   evidence of her professional experience the fact that she had
                                                                         served for more than three years as President of the
Giulietti, residing in Brussels, represented by P.-P. van
Gehuchten and J. Sambon, lawyers, with an address for service            Management Board of the Foundation ‘Eau pour le Sahel’. By
in Luxembourg.                                                           the contested decision, the Selection Board excluded her on the
                                                                         ground that she did not have the professional experience
                                                                         required.
The applicant claims that the Court should:
                                                                         In support of her action, the applicant claims that the clause
                                                                         relating to professional experience infringed the principle of
                                                                         equality owing to the fact that such experience is required only
—    annul the decision taken by the Selection Board in com-             for external candidates, while it is not a requirement for can-
     petition COM/A/6/01 to exclude the applicant on the                 didates who are already officials or other servants of the
     ground of lack of professional experience, that decision            European Communities. She also alleges infringement of the
     being contained in the letter from DG ADMIN to the                  principle of legality and a manifest error of assessment in the
     applicant dated 16 October 2002;                                    application by the Selection Board of the clause relating to
                                                                         professional experience.
—    annul the confirmative decision of 21 November 2002;