CELEX: C2004/047/71
Language: en
Date: 2004-02-21 00:00:00
Title: Case T-431/03: Action brought on 22 December 2003 by Liam O'Bradaigh against the Commission of the European Communities

C 47/38                EN                         Official Journal of the European Union                                       21.2.2004
Pleas in law and main arguments                                           The applicant claims that the Court should:
                                                                          —     Annul the decision of the selection board in competition
The applicant, who was classified in Grade A7, Step 3, upon                     COM/TB/99 to award the applicant an insufficient mark
entering the service of the Commission in September 1986,                       in the oral test to allow him to be entered on the reserve
challenges the decision of the appointing authority, adopted                    list;
following a reconsideration of that classification following the
judgment of the Court of Justice in Case C-389/98 P Gevaert v             —     Order the defendant to pay the costs.
Commission, to reclassify him in Step 1 of Grade A6, instead
of Step 3 of that grade, and revising and setting at new dates
his subsequent classification in Grade A5, Step 2, and A4,
Step 2, and limiting the pecuniary effects of that reclassification
to 5 October 1995.                                                        Pleas in law and main arguments
                                                                          Following the judgment of the Court of First Instance on
In support of his claims, action, the applicant claims that the
                                                                          13 March 2002 in Case T-364/00 Van Weyenbergh, the
Commission has breached:
                                                                          applicant in the present case, as in Case T-161/01, objects to
                                                                          the decision of the selection board in competition COM/TB/
—     the decisions of 6 June 1973 and 1 September 1983 in                99 constituting a reserve list of administrative assistants,
      so far as it omitted to grant the applicant the slightest           senior administrative assistants and principal administrative
      seniority in step, and also Article 5(3) of the Staff               assistants, in Grades B5/B4, B3/B2 and B1 respectively, not to
      Regulations in so far as the Commission applied to the              enter him on the reserve list in that competition on the ground
      applicant a different outcome from that of officials in the         that he was awarded an insufficient mark in the oral test.
      same category;
—     Articles 5(3) and 45 of the Staff Regulations by refusing           In support of his claims, he alleges that there has been a
      to reconstruct his career in grade following his reclassifi-        breach of the principles of non-discrimination and proper
      cation in Grade A6, and breach of the duty to have regard           administration and also a manifest error of assessment.
      to the welfare of officials;
—     Article 62 of the Staff Regulations by limiting in time the         The applicant criticises the method used by the selection board
      pecuniary effects of his reclassification.                          to assess his knowledge of languages and claims, in particular,
                                                                          that he was unable to ascertain whether the questions put
                                                                          during the oral test correspond to the level of the competition
                                                                          B5/B4, B3/B2 or B1.
Action brought on 22 December 2003 by Liam O’Bra-
daigh against the Commission of the European Communi-
                                ties                                      Action brought on 22 December 2003 by Jean Dehon
                                                                                         against the European Parliament
                         (Case T-431/03)
                                                                                                   (Case T-432/03)
                          (2004/C 47/71)
                                                                                                    (2004/C 47/72)
                   (Language of the case: French)                                            (Language of the case: French)
An action against the Commission of the European Communi-                 An action against the European Parliament was brought before
ties was brought before the Court of First Instance of the                the Court of First Instance of the European Communities
European Communities on 22 December 2003 by Liam                          on 22 December 2003 by Jean Dehon, residing in Hagen
O’Bradaigh, residing in Mechelen (Belgium), represented by                (Luxembourg), represented by Sébastien Orlandi, Albert
Sébastien Orlandi, Albert Coolen, Jean-Noël Louis and Étienne             Coolen, Jean-Noël Louis and Étienne Marchal, lawyers, with an
Marchal, lawyers, with an address for service in Luxembourg.              address for service in Luxembourg.