CELEX: C2001/289/66
Language: en
Date: 2001-10-13 00:00:00
Title: Case T-161/01: Action brought on 12 July 2001 by Liam O'Bradaigh against the Commission of the European Communities

C 289/28              EN                      Official Journal of the European Communities                                   13.10.2001
The applicant claims that the Court should:                              Pleas in law and main arguments
—     annul the decision approving the applicant’s staff report
      for the period 1995-1997;                                          In support of his action, the applicant pleads breach of
                                                                         essential procedural requirements, breach of the principle of
                                                                         equal treatment and breach of the rules governing the work of
—     order the defendant to pay the costs.                              the jury. The applicant argues that neither the composition of
                                                                         the jury nor the conduct of the oral tests for competition
                                                                         COM/TB/99 complied with procedural requirements as defined
                                                                         in case-law. He also maintains that the reasons given for the
                                                                         contested decision do not meet the requisite legal standard.
Pleas in law and main arguments
In support of his action, the applicant pleads:
—     infringement of Article 6 of the general implementing
      provisions relating to Article 43 of the Staff Regulations;
                                                                         Action brought on 17 July 2001 by Hans Mc Auley against
—     breach of the principle of equal treatment and non-                                Council of the European Union
      discrimination and infringement of the rights of the
      defence;
                                                                                                  (Case T-165/01)
—     breach of the principle of legitimate expectations;
                                                                                                  (2001/C 289/67)
—     manifest error of assessment and incoherence.
                                                                                            (Language of the case: French)
                                                                         An action against Council of the European Union was brought
                                                                         before the Court of First Instance of the European Communities
                                                                         on 17 July 2001 by Hans Mc Auley, residing in Wezembeek-
                                                                         Oppem (Belgium), represented by Jean-Noël Louis et Véronique
                                                                         Peere, lawyers.
Action brought on 12 July 2001 by Liam O’Bradaigh
  against the Commission of the European Communities
                                                                         The applicant claims that the Court should:
                        (Case T-161/01)
                                                                         —     annul the decision of the Commission of 15 September
                                                                               2000 on the drawing up the final staff report for the
                        (2001/C 289/66)                                        period 1 July 1997 to 30 June 1999;
                   (Language of the case: French)                        —     order the Commission to pay the costs.
An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the               Pleas in law and main arguments
European Communities on 12 July 2001 by Liam O’Bradaigh,
residing in Mechelen, Belgium, represented by Jean-Noël Louis            The applicant takes the view that the final staff report was
and Véronique Peere, Lawyers, with an address for service in             drawn up in breach of the obligation to provide a statement of
Luxembourg.                                                              reasons and of the rights of the defence, inasmuch as it:
                                                                         —     awards standardised, harmonised marks;
The applicant claims that the Court should:
                                                                         —     contains serious accusations which are neither substan-
—     annul the decision of the jury in competition COM-                       tiated, objective nor specific;
      T/OB/99 to award him in the oral tests a mark lower than
      the pass mark and to exclude him from the reserve list;            —     refers to conduct which has not been proven.
—     order the defendant to pay the costs.