Action brought on 18 May 2007 -Tzirani v Commission of the European Communities
(Case F-46/07)
Language of the case: French
Parties
Applicant: Marie Tzirani (Brussels, Belgium) (represented by: E. Boigelot, lawyer)
Defendant: Commission of the European Communities
Form of order sought
Annul the decision of the European Commission of 30 August 2006 to reappoint Mr X to the post of Director of the Directorate 'Staff Regulations: Policy, Management and Advisory Services' of the Directorate-General 'Personnel and Administration' and consequently to reject the applicant's candidature for that post;
Order the defendant to pay, in compensation for non-material and material damage and impairment to the applicant's career, a sum of EUR 25 000, with interest at the rate of 7% per annum since 29 November 2006, the date of the complaint;
Order the defendant to pay the costs.
Pleas in law and main arguments
The applicant, after requesting and obtaining, in Case T-45/04
1, the annulment of the decision of the Commission of 21 January 2003 to appoint Mr X to the above-mentioned post, now challenges the lawfulness of the procedure according to which, following this annulment, the Commission reappointed the same person to the post in question.
In support of her action, the applicant pleads first the infringement of Article 233 EC, as a result of the Commission failing to take the necessary measures to comply with the judgment of the Court of First Instance. According to the applicant, the procedure should have been reopened not only at the final stage of the interview with the Commissioner but already at the stage of the checking of the eligibility of the candidates in the light of the criteria established by the vacancy notice.
The applicant furthermore pleads the infringement of Articles 7, 14, 29 and 45 of the Staff Regulations of Officials of the European Communities, the disregard of several general legal principles and the misuse of powers.
____________1 - Judgment of the Court of First Instance of 4 July 2006, Tzirani v Commission (not yet published in the ECR).