CELEX: C1998/378/38
Language: en
Date: 1998-12-05 00:00:00
Title: Action brought on 2 October 1998 by Yvan Torre and Others against the Commission of the European Communities (Case T-159/98)

5.12.98               EN                 Official Journal of the European Communities                                     C 378/21
Lastly, the appointing authority committed a manifest               before the end of the test, the invigilators distributed
error of assessment by failing to recognise the                     among the candidates concerned a photocopy of the page
appropriateness, having regard to the delicate nature of            missing from the questionnaire and informed them that
the applicant's situation, of promoting her at the earliest         they would be given additional time to answer. That
possible juncture in the interests of the service.                  information, however, was contradicted because, at the
                                                                    end of the test, as the instructions to candidates provided,
                                                                    the person responsible for conducting the test requested
                                                                    the candidates concerned to stop writing, and their scripts
                                                                    were collected.
Action brought on 2 October 1998 by Yvan Torre                      According to the applicants, these irregularities in the
and Others against the Commission of the European                   manner in which test (a) was conducted distort the results
                          Communities                               of the test and render the selection board's decision
                        (Case T-159/98)                             invalid. They further claim that there was a breach of the
                                                                    instructions to candidates, as well as infringement of the
                         (98/C 378/38)                              principles of equal treatment and sound administration.
                (Language of the case: French)
                                                                    Finally, the applicants submit that, contrary to the
                                                                    obligation to state reasons, the contested decisions do not
An action against the Commission of the European                    contain any reasoning other than the marks obtained by
Communities was brought before the Court of First                   the applicants in tests (a) to (d), along with a reference to
Instance of the European Communities on 2 October 1998              Point VII.A.1 of the notice of competition, which specified
by Yvan Torre, Donatella Ineichen and Alessandro                    that candidates had to obtain the minimum mark required
Cavallaro, residing in Brussels, represented by Marc-               for test (a) in order for tests (e) and (f) to be corrected.
Albert Lucas, of the LieÁge Bar, with an address for service
in Luxembourg at the Offices of Fiduciaire Myson SARL,
30 Rue de Cessange.
The applicant claims that the Court should:
                                                                    Action brought on 2 October 1998 by NV Firma LeÂon
Ð annul the decisions of the selection board for                    Van Parys and NV Pacific Fruit Company against the
    Competition       EUR/A/123      awarding      them    an                Commission of the European Communities
    insufficient mark for test (a) of the competition in                                   (Case T-160/98)
    question and, consequently, refusing to admit them to
    tests (e) and (f), decisions which were notified to them                                 (98/C 378/39)
    by letters of 2 July 1998 from Mrs Anne D'Haen-
    Bertier, on behalf of the chairman of the selection                             (Language of the case: Dutch)
    board;
                                                                    An action against the Commission of the European
Ð annul the decisions of the selection board for
                                                                    Communities was brought before the Court of First
    Competition EUR/A/123 affected by the illegality of
                                                                    Instance of the European Communities on 2 October 1998
    the decisions challenged;
                                                                    by NV Firma LeÂon Van Parys and NV Pacific Fruit
                                                                    Company, both established in Antwerp (Belgium),
Ð in the alternative to the latter point, suspend the               represented by P. Vlaemminck, L. Van Den Hende and J.
    procedure for filling the posts concerned by                    Holmens, of the Ghent Bar, with an address for service in
    Competition EUR/A/123 until such time as it has been            Luxembourg at the Chambers of Loesch and Wolter, 11
    possible to re-organise test (a) and for it to be held          Rue Goethe.
    under proper conditions for all Italian-language
    candidates admitted to the competition, and for the
    Commission to draw all proper consequences from the             The applicant claims that the Court should:
    results of that test.
                                                                    Ð annul the decision taken by the Commission between
Pleas in law and main arguments adduced in support:                     12 March and 5 August 1998, by which it decided to
                                                                        reduce the quantities of imported bananas declared by
                                                                        the applicant for the 1996 reference year for the
The applicants, whose native language is Italian, applied               purposes of determining the quantity of bananas
to sit Competition EUR/A/123 and chose the area of                      which the applicants are authorised to import from
financial management. During the test, one of the                       third countries under the tariff quota set by the EC for
candidates, who was sitting it in Italian, indicated to the             1998;
invigilation staff of the Recruitment' unit that a page was
missing from the questionnaire for test (a), namely that
relating to questions 24 to 28 inclusive. Two minutes               Ð order the defendant to pay the costs.