CELEX: C2004/021/78
Language: en
Date: 2004-01-24 00:00:00
Title: Case T-370/03: Action brought on 5 November 2003 by Jacques Wunenburger against Commission of the European Communities

24.1.2004                EN                         Official Journal of the European Union                                           C 21/37
The applicant brought an application before the Court of First              The applicant claims that the Court should:
Instance (3) seeking the annulment of Regulation No 2380/98
insofar as the Council failed to give retroactive effect to the             —     annul the appointing authority’s decision of 11 March
above amendment. By judgement dated 29 June 2000 (4) the                          2003 not to accept the applicant’s candidature for the
Court of First Instance annulled the contested provision.                         post of Director in the Directorate ‘Africa, Caribbean,
Thereafter the Council adopted Regulation (EC) No 133/2001                        Pacific’ (AIDCO.C), as a result of the appointing auth-
of 22 January 2001 (5) amending Regulation (EC) No 1567/97                        ority’s decision of 8 January 2003 to appoint another
and granting retroactive effect to the provision in question. All                 person to that post;
of the applicant’s payments of duties imposed by Regulation
No 1567/97 were refunded to it.                                             —     in any event, orders the defendant to pay the costs.
By its present action the applicant seeks to obtain compen-                 Pleas in law and main arguments
sation in the form of interest on the amounts of import duty
which it initially paid and which were later refunded to it, as
well as in the form of legal expenses it incurred in the course             The applicant in this case challenges the appointing authority’s
of administrative proceedings before the Commission and the                 rejection of his candidature for the post of Director in the
German customs authorities.                                                 Directorate ‘Africa, Caribbean, Pacific’ (AIDCO.C).
                                                                            In support of his claims, he alleges infringement of Article 7,
In support of its application the applicant submits that the                of the second paragraph of Article 25, and Articles 29(1)(a) and
Council acted illegally in refusing to abide by the consequences            45(1) of the Staff Regulations, irregularity in the administrative
of the review findings leading to Regulation 2380/98 and that               procedure prior to the contested decision, and disregard of
this illegal behaviour was of sufficient gravity as to give rise to         general legal principles, such as the protection of legitimate
liability under Article 288 EC.                                             expectations, equal treatment and career progression.
(1 ) OJ L 208, 2.8.1997, p. 31-43.                                          In that regard, the applicant submits, in particular, that his
(2 ) OJ L 296 , 5.11.1998, p. 1-5.                                          candidature was not considered fairly and that he was not, at
(3 ) Case no T-7/99, notified in OJ C 86, 27.3.1999, p. 23.                 the very least, short listed without any statement of reasons,
(4 ) Notified in OJ C 259, 9.9.2000, p. 17.                                 although the appointing authority had recognised his abilities
(5 ) OJ L 23, 25.1.2001, p. 9.                                              for A2 post of Director AIDCO. Furthermore, the appointing
                                                                            authority subsequently established criteria not set out in the
                                                                            vacancy notice.
                                                                            Finally, the appointing authority made a manifest error of
                                                                            assessment in the comparison of the candidates’ respective
                                                                            merits.
Action brought on 5 November 2003 by Jacques Wunen-
burger against Commission of the European Communities
                                                                            Action brought on 7 November 2003 by Vincenzo le Voci
                          (Case T-370/03)                                            against the Council of the European Union
                           (2004/C 21/78)                                                           (Case T-371/03)
                                                                                                     (2004/C 21/79)
                     (Language of the Case: French)
                                                                                               (Language of the case: English)
An action against the Commission of the European Communi-                   An action against the Council of the European Union was
ties was brought before the Court of First Instance of the                  brought before the Court of First Instance of the European
European Communities on 5 November 2003 by Jacques                          Communities on 7 November 2003 by Vincenzo le Voci,
Wunenburger, residing in Zagreb (Croatia), represented by                   Brussels, (Belgium), represented by B. van de Wal and E. Oude
E. Boigelot, lawyer, with an address for service in Luxembourg.             Elferink, lawyers.