CELEX: C1996/133/57
Language: en
Date: 1996-05-04 00:00:00
Title: Action brought on 21 February 1996 by Antonio Giannini against the Commission of the European Communities (Case T-21/96)

4 . 5 . 96            EN                  Official Journal of the European Communities                                No C 133/25
reasoning for its decision, thereby infringing Article 7 ( 3 ) of    He maintains, first, that, in view of his having been turned
Council Decision 93/73 1 /EC and Article 190 of the EC               down in favour of a candidate who did not meet the
Treaty.                                                              minimum requirements as to specific knowledge and
                                                                     experience, in disregard of Article 7 of the Staff Regulations,
                                                                     the appointment in issue was not in the interest of
                                                                     the service . Consequently, that appointment appears
                                                                     necessarily to be vitiated by misuse of powers.
                                                                     Moreover, there has been a breach of the principle of the
Action brought on 21 February 1996 by Antonio Giannini               protection of legitimate expectations, in that, contrary to
  against the Commission of the European Communities                 the Commission's current practice in such matters, the
                        ( Case T-21 /96 )                            description of the post to be filled contained a serious
                          ( 96/C 133/57)                             anomaly, since, by contrast with the descriptions normally
                                                                     given in respect of almost all posts advertised by the
                                                                     Commission, it made no reference to the tasks to be carried
                (Language of the case: French)                       out, nor to the qualifications needed for those tasks in terms
                                                                     of knowledge and experience. Is follows that, in the present
An action against the Commission of the European                     case, the Commission's conduct is compatible neither with
Communities was brought before the Court of First                    the aim of the vacancy notice, which is to provide interested
Instance of the European Communities on 21 February                  parties with detailed information concerning the
1996 by Antonio Giannini, residing in Brussels, represented          qualifications required in order to apply for the post in
by Marc Dallemagne and Carlo Locchi, of the Brussels Bar,            question, nor with the principle that officials must be able to
with an address for service in Luxembourg at the Chambers            rely on a practice regularly followed by the administrative
of Jeannot Biver, 7 Côte d'Eich.                                     authority.
                                                                     Lastly, the applicant pleads the commission in the present
The applicant claims that the Court should :                         case of a manifest error of appreciation, based on disregard
                                                                     of Articles 4, 29 ( 1 ) and 45 of the Staff Regulations and of
— annul the Commission's decision rejecting the                      the vacancy notice itself. In concrete terms, it is apparent
     applicant's application for post COM/151/94 , which             from an examination of the merits of the ultimately
     was notified to the applicant on 28 April 1995 ,                successful candidate that his application did not meet the
                                                                     minimum qualifications required by the vacancy notice . The
— annul the defendant's decision appointing another                  person in question has no experience in the negotiation or
     candidate to the grade A3 post of Head of Unit DG I.D.l         management of international agreements relating to textiles.
     'Negotiation and management of textile agreements;              Nor does he possess the knowledge needed in order to
     clothing and other industries' pursuant to vacancy              accomplish the tasks entrusted to that unit. It follows that
     notice COM/151 /94, which was brought to the                    the appointing authority exceeded the parameters of the
     applicant's knowledge on 3 May 1995 ,                           said vacancy notice .
— annul the decision rejecting the complaint submitted by
     the applicant on 25 July 1995 , which was brought to his
     knowledge on 3 May 1995 ,
— order the defendant to pay the applicant ECU 5 000 by              Action brought on 27 February 1996 by Eisa De Persio
     way of compensation for the non-material damage                     against Commission of the European Communities
     suffered by him, subject to increase or decrease during                                  ( Case T-23/96 )
     the course of the proceedings,
                                                                                                ( 96/C 133/58 )
— order the defendant to pay the applicant ECU 15 000 by
     way of compensation for the economic damage suffered                           (Language of the case: Italian)
     by him, subject to increase or decrease during the course
     of the proceedings,                                             An action against the Commission of the European
                                                                     Communities was brought before the Court of First
— order the defendant to pay all of the costs .                      Instance on 27 February 1996 by Eisa De Persio, an official
                                                                     of the Commission of the European Communities,
Pleas in law and main arguments                                      represented by Giovanni Petroni and Franco Giampietro, of
                                                                     the Rome Bar, with an address for service in Luxembourg at
                                                                     the chambers of Gilles Bounéou, 15 Avenue du Bois .
The applicant, a grade A4 Commission official, contests the
rejection of his application for the grade A3 post of Head of
Unit DG I.D.l 'Negotiation and management of textile                 The applicant claims that the Court should:
agreements; clothing and other industries', particularly in
the light of the vacancy notice on the basis of which the post       — declare unlawful the ousting of the applicant from her
in question was filled .                                                 duties and the pressure and intimidation intended to