CELEX: C2002/305/64
Language: en
Date: 2002-12-07 00:00:00
Title: Removal from the register of Case T-116/02

7.12.2002             EN                     Official Journal of the European Communities                                      C 305/31
Girardot, residing at L’Haye les Roses (France), represented            temporary staff should not possess skills and abilities at least
by Eric Boigelot, lawyer, with an address for service in                equal to, if not superior to, those of candidates who are in the
Luxembourg.                                                             service of the institution only by virtue of their status as
                                                                        members of the temporary staff. Thus, the Commission was
The applicant claims that the Court should:                             not in a position to show that the exclusion of a candidate
                                                                        who has been a national expert on secondment prior to
—     annul the decisions of the selection board of 5 and 30 July       becoming a member of the temporary staff can be justified in
      2001 to exclude from consideration the application of             the interests of the service.
      the applicant in internal competition COM/R/502211/
      2001, as advertised in the combined notice of vacancies           In support of her action, the applicant also pleads:
      and of internal competitions of 28 May 2001;
                                                                        —     infringement of the first paragraph of Article 27 of the
—     annul the decision expressly rejecting the applicant’s                  Staff Regulations;
      complaint, the said complaint having been lodged on
      29 January 2002 and rejected by an express decision               —     infringement of the general principle of equality of
      receipt of which was acknowledged by the applicant on                   treatment;
      15 July 2002;
                                                                        —     infringement of the general principle that all administrat-
—     order the defendant to pay the costs in any event.                      ive decisions must be based on legally valid reasons;
                                                                        —     infringement of the first paragraph of Article 4 and the
                                                                              first paragraph of Article 29 of the Staff Regulations.
Pleas in law and main arguments
The applicant entered the service of the Commission on
1 February 1996. She initially worked there as a national
expert on secondment and subsequently as a member of the
temporary staff. She applied to take part in internal compe-                    Removal from the register of Case T-116/02 (1)
tition COM/R/502211/2001 for the recruitment of officials.
According to information received by her, the selection board                                    (2002/C 305/64)
for that competition found that, as at 1 January 2001, she had
not completed five years’ service as a member of the temporary                             (Language of the case: French)
staff, so that her name could not be included in the list of
candidates admitted to the tests.
                                                                        By order of 10 September 2002 the President of the Fifth
The applicant contests that rejection. She argues that account          Chamber of the Court of First Instance of the European
should also have been taken of the period during which she              Communities ordered the removal from the register of Case
                                                                        T-116/02: Antonio Aresu v Commission of the European
was in the Commission’s service as a national expert on
secondment. There is nothing to suggest, prima facie, that a            Communities.
candidate in an internal competition who has been a national
expert on secondment prior to being a member of the                     (1 ) OJ C 144 of 15.6.2002.