CELEX: C1996/046/34
Language: en
Date: 1996-02-17 00:00:00
Title: Removal from the register of Case T-103/93

No C 46/ 18             EN                  Official Journal of the European Communities                                       17 . 2 . 96
the notice of competition and are habitually contained in all          Instance of the European Communities ordered the removal
notices of vacancy or competition — was intended to enable             from the register of Cases T-159/93 : Heinrich Kroger v.
a certain candidate, selected in advance by the appointing             Commission of the European Communities, T- 160/93 : Paul
authority, to take part in the competition and to be                   Hay v. Commission of the European Communities,
appointed; the applicant concludes from this that the                  T-162/93 : Hugo Bumann v. Commission of the European
contested decision is vitiated by a misuse of powers.                  Communities, T-171 /93 : Hermann Weiland v. Commission
                                                                       of the European Communities, T-179/93 : Heidrun
He also observes that he was awarded < > ne mark less than the
                                                                       Bormann v. Commission of the European Communities,
candidate placed first on the list, by reason of the latter's          T-201 /93 : Jürn-Wulf Hoper v. Commission of the European
knowledge of a third language, although knowledge of third             Communities, T-202/93 : Fritz Voß v. Commission of the
and fourth languages was not included in the notice of                 European Communities, T-217/93 : Kurt Fröhlich jun . v.
competition amongst the conditions to be fulfilled by the              Commission of the European Communities and T-225/93 :
candidates . Consequently, by assessing the candidates                 Eberhard Kloth v. Commission of the European
according to their knowledge of third and fourth languages,            Communities .
the selection board infringed the terms of the notice of
competition.                                                           í 1 ) OJ No C 161 , 27 . 6 . 1992 and OJ No C 270 , 19 . 10 . 1992 .
The applicant states, moreover, that he manifestly possesses
greater qualifications, experience and competence as
regards the post to be filled than the candidate who was
ultimately appointed . He considers , therefore, that, in giving
preference to the latter's application for the post in question,
the appointing authority committed a manifest error of                 Designation of a President of Chamber and assignment of
assessment .
                                                                                             Judges to Chambers
                                                                                                     96/C 46/36
 Lastly, the applicant pleads breach of the principle of
 non-discrimination, contending that one of the members of             At its plenary conference on 11 January 1996 the Court
 the selection board had formerly been his direct hierarchical         of First Instance adopted the following decisions in
 superior and that he had had problems with him in the past;           consequence of the departure from office of Judge
 he considers that, in those circumstances, that member of             Barrington, President of Chamber, and the taking-up of
 the selection board was not able to view him objectively and           office by Judge Cooke .
 impartially, and that that attitude could have influenced the
 judgment of the other members of the selection board.                 Judge Lenaerts is designated President of the Fourth
                                                                        Chamber and of the Fourth Chamber, Extended
                                                                        Composition, and Judge Cooke is assigned to the Third
                                                                        Chamber, Extended Composition, the Fourth Chamber and
                                                                        the Fourth Chamber, Extended Composition, for the period
       Removal from the register of Case T- 103/93 ( )                  from 11 January 1996 to 30 September 1996 .
                             ( 96/C 46/34 )
                                                                        Consequently, the composition of the Chambers decided on
                (Language of the case: German)                          19 September 1995 ( OJ No C 274 , 19 . 10 . 1995 , p. 11 ) is
                                                                        altered as follows .
 By order of 11 December 1995 the President of the First
 Chamber ( Extended composition ) of the Court of First                 Third Chamber, Extended Composition:
 Instance of the European Communities ordered the removal
                                                                        Mr Briët, President of Chamber, Mr Vesterdorf, Ms Lindh,
 from the register of Case T-103/93 : Jan Dietrich Arfmann v.
  Commission of the European Communities .                              Mr Potocki and Mr Cooke, Judges .
                                                                        Fourth Chamber:
  (') OJ No C 222 , 6 . 9 . 1990 .
                                                                        Mr Lenaerts, President of Chamber, Ms Lindh and
                                                                        Mr Cooke, Judges.
                                                                         Fourth Chamber, Extented Composition:
  Removal from the register of Joined Cases T-159/93 and                 Mr Lenaerts, President of Chamber, Mr García-Valdecasas,
                                others (M                                Ms Lindh, Mr Azizi and Mr Cooke, Judges.
                               96/C 46/35 )
                                                                         For cases in which the written procedure was completed and
                 (Language of the case: German)                          a hearing in the oral procedure was held or fixed before
                                                                         11 January 1996, the Third Chamber, Extended
  By order of 11 December 1995 the President of the First                Composition, shall continue to sit with the same
  Chamber ( Extended composition ) of the Court of First                 composition as before .