CELEX: C1998/258/67
Language: en
Date: 1998-08-15 00:00:00
Title: Action brought on 30 June 1998 by Christos Gogos against the Commission of the European Communities (Case T-95/98)

15.8.98                EN                 Official Journal of the European Communities                                   C 258/37
into the following groups: (1) documents prepared by the             The applicant claims that the Court should:
Member States and by the Argentinian authorities and (2)
Commission documents.                                                Ð declare the action admissible;
As regards the documents in the first of those groups, the           Ð annul the decision of the examining jury in
applicant is recommended to request copies of the                        competition COM/A/17/96 not to include him in the
documents in question direct from the Member States                      list of successful candidates, together with the decision
and from the authorities concerned. According to the                     of the competent Commission authority approving and
Commission, the documents in the second group are the                    ratifying that list, the tacit rejection of administrative
subject of pending legal proceedings (3) and consequently                complaint R/056/98, and all further implementing acts
fall within the exception relating to protection of the                  by the Commission;
public interest, and in particular the proper conduct of
court proceedings, for which express provision is made in
                                                                     Ð order the Commission to pay the applicant BFR
the Code of Conduct.
                                                                         300 000 in respect of non-material injury;
In that regard, the applicant pleads as follows in its
                                                                     Ð order the Commission to pay all the costs.
application:
                                                                     Pleas in law and main arguments adduced in support:
As to point (1):
                                                                     The applicant relies on multiple infringements of the rules
The Commission may not refuse to give access to a
                                                                     of law governing the conduct of competitions for the
document on the ground that its author is not the
                                                                     recruitment of staff of the European Communities which
Commission. Refusal to grant access to the documents
                                                                     are alleged to have occurred during the course of internal
concerned cannot be justified by relying on the
                                                                     competition COM/17/96 for transfer form Grade B to
corresponding provision of the Code of Conduct. Thus the
                                                                     Grade A, in which he was a candidate. According to the
contested decision infringes both Decision 94/90/ECSC,
                                                                     applicant, the infringements in question entail the nullity
EC, Euratom and the Code of Conduct. The applicant
                                                                     of the competition, and also give grounds for a claim for
pleads, in the alternative, that the contested decision
                                                                     compensation. The infringements in question are the
infringes Article 190 of the EC Treaty, since it does not
                                                                     following:
contain an adequate statement of the reasons on which it
is based.
                                                                     Ð Infringement of the principle of equal treatment of
                                                                         candidates
As to point (2):
                                                                         At the outset the applicant alleges a threefold
In the applicant's view, the contested decision is void,
                                                                         infringement of the fundamental requirement of equal
since it infringes Decision 94/90/ECSC, EC, Euratom and
                                                                         treatment of candidates in competitions for the
the Code of Conduct. The application is based, in the
                                                                         recruitment of officials.
alternative, on infringement of Article 176 of the EC
Treaty in conjunction with the judgment in Case T-124/96                 (a) Infringement on the grounds of the variable
and infringement of Article 190 of the EC Treaty.                             composition of the examining jury during the oral
                                                                              tests and the stage-by-stage appraisal.
(1) OJ C 318 of 26.10.1996, p. 14.
(2) Not yet published in the European Court Reports.                     (b) Infringement of the principle of equal treatment on
(3) Case T-50/96 Primex Produkte Import und Export and Others
                                                                              linguistic   grounds/discrimination      based    on
    v Commission, currently pending (OJ C 180 of 22.6.1996,
    p. 33).
                                                                              nationality.
                                                                         (c) Infringement on the ground of different treatment
                                                                              of the candidates in regard to the fourth criterion
                                                                              (drafting aptitude).
                                                                     Ð Infringement of the principle of leniency and of the
Action brought on 30 June 1998 by Christos Gogos
                                                                         general rules governing the grading of competitions.
   against the Commission of the European Communities
                         (Case T-95/98)
                                                                     Ð Infringement of Article 27 of the Staff Regulations of
                          (98/C 258/67)                                  Officials.
An action against the Commission of the European                     Ð Infringement of Article 3 of Annex III to the Staff
Communities was brought before the Court of First                        Regulations.
Instance of the European Communities on 30 June 1998
by Christos Gogos, a Grade B5 official with the                      Ð Infringement of the rules governing notice of the
Commission, represented by Professor Chary Tagara, of                    competition.
the Athens Bar, with an address for service in Luxembourg
at the Chambers of Evelyn Korn, 21 Rue Nassau, L-2213.