CELEX: C1997/331/48
Language: en
Date: 1997-11-01 00:00:00
Title: Action brought on 2 September 1997 by Chantal Mertens against the Commission of the European Communities (Case T-244/97)

C 331 /24              EN                 Official Journal of the European Communities                                 1 . 11 . 97
Action brought on 2 September 1997 by Chantal Mertens                 her as a result of the unlawfulness vitiating the
   against the Commission of the European Communities                proceedings in the said competiton.
                        ( Case T-244/97)
                          ( 97/C 331/48 )
                (Language of the case: French)
                                                                     Action brought on 29 August 1997 by Sonja Vermeylen
                                                                        against the Commission of the European Communities
An action against the Commission of the European                                            ( Case T-246/97)
 Communities was brought before the Court of First
Instance of the European Communities on 2 September                                           ( 97/C 331 /49 )
 1997 by Chantal Mertens, residing at Zellik ( Belgium ),
represented by Lucas Vogel, of the Brussels Bar, with an
address for service at the Chambers of Christian Kremer,                             (Language of the case: French)
 8-10 Rue Mathias Hardt.
                                                                     An action against the Commission of the European
The applicant claims that the Court should:                          Communities was brought before the Court of First
                                                                     Instance of the European Communities on 29 August
                                                                     1997 by Sonja Vermeylen, residing at Kapellen ( Belgium),
— annul the implicit decision, deemed to have been                   represented by Marc Dallemagne and Carlo Locchi, of the
     adopted on 28 May 1997, rejecting the applicant's               Brussels Bar, 85 Rue du Prince Royal .
    complaint of 28 January 1997 contesting the decision
    not to include , her in the list of suitable candidates
    in competition COM/C/3/95 concerning activities as               The applicant claims that the Court should :
    a ' buildings/reception superintendent', which was
    notified on 13 January 1997,
                                                                     — annul the decision not to include the applicant's name
                                                                          in the list of officials most worthy of promotion to
— order the defendant to pay the costs .                                 grade C2, published in Administrative Notices No 956
                                                                          of 22 November 1996,
Pleas in law and main arguments adduced in support:
                                                                     — order the defendant to pay to the applicant
                                                                         compensation in a sum to be determined on an
The applicant, a grade D2 official, complains that the                   equitable basis, amounting to not less than BFR
defendant failed to include her in the list of suitable                  500 000,
candidates drawn up in consequence of competition
COM/C/3/95 concerning activities as a ' buildings/
reception superintendent'. She states in that regard that            — order the defendant to pay the costs.
the nine candidates chosen by the selection board in the
competition included a person who did not fulfil the
seniority criteria laid down by the notice of competition as         Pleas in law and main arguments adduced in support:
a condition of admissibility to the tests . The total marks
obtained by the applicant at the end of the tests was so
close to the minimum which she needed in order to be
                                                                     The applicant, a grade C3 official, contests the fact that
selected that the fact that a person who did not qualify for         her name was not included in the list of officials most
admission to the competition was included amongst the                worthy of promotion, published on 22 November 1996 in
successful candidates was necessarily enough in itself to            Administrative Notices No 956 . She states in that regard
affect her adversely.                                                that during the 1995 financial year her name was included
                                                                     in the list of officials found to be most worthy of
                                                                     promotion to grade C2, but she was not promoted at the
In support of her arguments, she pleads, first, infringement         end of the promotion procedure. Further, although in her
of Article 5 of Annex III to the Staff Regulations and of            staff report for the period 1991-1993 she was awarded six
Part II of the aforesaid notice of internal competition.             'excellent' and eight 'very good' assessments, for the
                                                                     period 1993-1995 she received only a draft staff report
                                                                     lacking any analytical assessments . On 20 March 1997 the
Second, the applicant pleads a breach by the appointing              applicant received a fresh draft of her staff report for
authority of its duty to have regard for the welfare and             1993-1995 , which did contain analytical assessments. The
interests of officials, in that the appointing authority and         applicant contested the assessments contained in that draft
the selection board in question failed to take all the steps         and requested that they be submitted to the appeal
necessary in order to make good the prejudice suffered by            assessor.