Action brought on 24 July 2006 - Caló v Commission

(Case F-79/06)

Language of the case: French

Parties

Applicant: Giuseppe Caló (Luxembourg, Luxembourg) (represented by: S. Orlandi, A. Coolen, J.-N. Louis and E. Marchal, lawyers)

Defendant: Commission of the European Communities

Form of order sought

Annulment of the decisions of the Director-General of DG Eurostat providing for, first, the reorganisation of that DG by way of acts changing the duties assigned to directors and, second, the rejection of the applicant's request to be appointed to one of the vacant posts of director, or one that might become vacant.

An order that the defendant should pay the costs.

Pleas in law and main arguments

The applicant, an official of the defendant, after challenging before the Court of First Instance of the European Communities, first, the decision to reassign him to the post of Chief Adviser in the DG in which he was employed¹ and, second, the decision to reject his application for a post of Director in the same DG², currently disputes the defendant's decisions, taken in the context of the reorganisation of DG Eurostat, to reject his application for the post of Director announced in vacancy notice COM/2006/164, and to appoint another candidate to that post.

In support of his application, the applicant relies on infringement of: (i) the duty to give reasons, (ii) Article 27 of the Staff Regulations and (iii) of the Rules of Conduct for Appointments to Posts in Grades A1 and A2, approved by the defendant on 18 September 1999, as confirmed and further defined by the Compilation Document on Senior Officials Policy, approved by the defendant on 26 October 2004.

____________

¹ - Case T-118/04 (OJ C 118, 30.04.2004, p. 47).

² - Case T-134/04 (OJ C 146, 29.05.2004, p. 6).