CELEX: C2002/191/54
Language: en
Date: 2002-08-10 00:00:00
Title: Case T-195/02: Action brought on 1 July 2002 by Anselmo Briganti against Commission of the European Communities

C 191/32               EN                        Official Journal of the European Communities                                     10.8.2002
Action brought on 1 July 2002 by Anselmo Briganti                           change the minimum number of points required from that
    against Commission of the European Communities                          notified in the competition notice.
                         (Case T-195/02)                                    In support of his arguments, the applicant claims:
                         (2002/C 191/54)                                    —     the selection board’s errors were such as to distort the
                                                                                  outcome of the two tests.
                    (Language of the case: Italian)                         —     failure to make an accurate, fair and equitable assessment
                                                                                  of the abilities of the candidates and breach of the
                                                                                  principles of equality and equal treatment.
An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the                  —     breach of contractual obligations by the selection board.
European Communities on 1 July 2002 by Anselmo Briganti,
represented by Giovanni Sciusco, avvocato.                                  —     breach of the principle of legitimate expectations.
The applicant claims that the Court should:
—     annul the decision of the selection board excluding the
      applicant from the subsequent stage of competition                           Removal from the register of Case T-152/98 (1)
      COM/A/11/01 for failing to obtain the minimum number
      of points required for Test A;                                                                (2002/C 191/55)
—     annul the evaluation criterion established by the selection                              (Language of the case: Italian)
      board following the discovery of errors committed by the
      board itself with regard to question 38 of Test A under
      ‘Justice and Internal Affairs’ and Question 3 in Test C;              By order of 16 May 2002 the President of the Fourth Chamber
                                                                            of the Court of First Instance of the European Communities
—     annul the section on ‘Justice and Internal Affairs’ of Test A         ordered the removal from the register of Case T-152/98:
      of competition COM/A/11/01;                                           Azienda Agricola ‘Ponte S. Pietro’ di Zardi Vincenzo e Clara v
                                                                            Council of the European Union.
—     annul all the acts of the selection board relating to the
      section on ‘Justice and Internal Affairs’ of competition
      COM/A/11/01 after the test had taken place;                           (1) OJ C 358 of 21.11.1998.
—     order the defendant to pay the costs.
Pleas in law and main arguments                                                    Removal from the register of Case T-165/99 (1)
The applicant in the present case, who took part in the pre-                                        (2002/C 191/56)
selection test for COM/A/11/01 (Principal administrators —
Justice and internal affairs section), contests the selection                                 (Language of the case: English)
board’s decision to exclude him from the subsequent stage of
the competition for failing to pass Test A.
                                                                            By order of 16 May 2002 the President of the Fourth Chamber
The applicant claims that he received at the same time a letter             of the Court of First Instance of the European Communities
from the selection board after the test had taken place stating             ordered the removal from the register of Case T-165/99:
that it had discovered mistakes in Question 38 of the section               Omega Air Limited and Seven Q Seven Inc. v Council of the
on ‘Justice and Internal Affairs’ of Test A and Question 3 of               European Union.
Test C; the board then cancelled those questions and calculated
the marks on the basis of the remaining questions but did not               (1) OJ C 281 of 2.10.1999.