Action brought on 22 December 2006 - Pascual García v Commission
(Case F-145/06)
Language of the case: French
Parties
Applicant: César Pascual García (Madrid, Spain) (represented by: B. Cortese and C. Cortese, lawyers)
Defendant: Commission of the European Communities
Form of order sought
Annul the decision of 7 April 2006 of the Director General of the Joint Research Centre (JRC) of the Commission of the European Communities, notified to the applicant on 17 April 2006, in so far as it did not take his application into consideration for the post relating to notice of vacancy COM/2005/2969 - B/3/B*11 - JRC.I.04 - IHCP - Ispra, and added a comment in the reserve list of competition EPSO/B/23/04,
1 informing the Commission's departments that the applicant does not meet the conditions of eligibility for that competition;
If necessary, annul the decision of the Commission's Appointing Authority of 22 September 2006, notified to the applicant on 13 November 2006, rejecting his claim No R/400/06;
Order the defendant to pay the costs.
Pleas in law and main arguments
The applicant, a successful candidate in general competition EPSO/B/23/04, was not recruited by the JRC because the Director General of the JRC considered that he did not meet the required conditions of eligibility for that competition.
In his action, the applicant argues that the contested decision: (i) is vitiated by an abuse of procedure in that it unduly modified the assessment of his qualifications and experience done by the selection board, without that board having committed a manifest error of assessment; (ii) infringes the legal framework imposed by the notice of competition; (iii) is vitiated by a manifest error of assessment and a serious failure to state reasons due to its illogical nature; (iv) infringes the principle of the protection of legitimate expectations.
In the alternative, according to the applicant, the contested decision infringes the principle of equal treatment. Since the provisions of the notice of competition infringe that principle, it must be declared unlawful for the purposes of Article 241 EC.
____________1 - Notice of open competition EPSO/B/23/04 to constitute a reserve pool of laboratory technicians (B 5/B 4) in technical and research fields (OJ C 81A of 31 March 2004, p. 17).