CELEX: C2005/193/56
Language: en
Date: 2005-08-06 00:00:00
Title: Case T-202/05: Action brought on 18 May 2005 by Caroline Ogou against Commission of the European Communities

6.8.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 193/33
            
         Action brought on 18 May 2005 by Caroline Ogou against Commission of the European Communities
   (Case T-202/05)
   (2005/C 193/56)
   Language of the case: French
   An action against the Commission of the European Communities was brought before the Court of First Instance of the European Communities on 18 May 2005 by Caroline Ogou, resident in Abidjan (Ivory Coast), represented by M.-A. Lucas, lawyer.
   The applicant claims that the Court should:
   
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               annul the notice of competition COM/PB/04 of 6 April 2004 and the instructions relating to the electronic entry procedure to which it refers, or at least Paragraph IX.1 of the notice;
            
         
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               declare illegal the exclusion of her candidature which resulted from the impossibility with which she was confronted, on 12 May 2004, of obtaining access to the electronic entry form by following the procedure prescribed by the competition notice;
            
         
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               annul the decision of the ‘Internal Competition Task Force’, which was notified to her by an electronic message of 12 May 2004, rejecting the application, delivery of which she had procured on the same day by another method;
            
         
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               annul the subsequent formal steps in the competition procedure, in particular;
               
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                           the list of candidates who meet the requirements of Article 28(a), (b) and (c) of the Staff Regulations, adopted by the Appointing Authority and transmitted to the Selection Board with the applicants' files;
                        
                     
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                           the list, adopted by the Selection Board, of candidates who satisfy the requirements of the competition notice;
                        
                     
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                           the list of suitable candidates adopted by the Selection Board at the conclusion of its work;
                        
                     
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                           and the decisions of appointment which were or will be adopted by the Appointing Authority on that basis;
                        
                     
         
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               annul, if necessary, the decision of 3 February 2005 of the Director-General of Personnel and Administration rejecting her complaint of 12 August 2004 against the preceding contested acts,
            
         
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               order the Commission to pay the costs.
            
         Pleas in law and main arguments
   The applicant, a member of the local staff of the Commission, was faced with the impossibility of entering electronically internal competition COM/PB/04 to pass from category C to category B, in accordance with the competition notice, since the Commission had configured the computer system for entering in such away as to obstruct the candidature of local staff.
   The applicant claims that Paragraph III.1 of the competition notice, which provides that officials and temporary staff are eligible and which therefore excludes local staff, is contrary to Articles 4, 27 and 29(1)(b) of the Staff Regulations, as well as to the principle of equal treatment. The obstacle to her entry ‘on line’ is, as a result, illegal. The applicant maintains in that regard that local staff who are in the service of the institution because of a connection under public law, form part of the internal or statutory staff and have, as a rule, the right of access to internal competitions, that they are entrusted with tasks equivalent to those of officials or temporary staff, and that their exclusion from internal competitions is therefore neither justified by the requirements of the posts to be filled nor compatible with the interests of the service.
   The applicant also claims that Paragraph IX of the competition notice, as well as Paragraph 2 of the instructions to candidates are contrary to Articles 2, 4 and 5 of Annex III to the Staff Regulations, because they prescribe a mandatory electronic entry procedure which was such as to exclude her candidature.