Action brought on 12 December 2005 - Klopfer v Commission

(Case F-118/05)

Language of the case: German


Applicant: Matthias Klopfer (Berlin, Germany) (represented by: E. Pätzel)

Defendant: Commission of the European Communities

Form of order sought

The applicant claims that the Tribunal should:

annul Decision ADMIN.B.2/D (05) 18479/EGL-ade of the Director of the European Personnel Selection Office (EPSO) of 29 August 2005;

order the defendant to pay the costs of the proceedings.

Pleas in law and main arguments

The applicant took part in competition EPSO/B/11/03 to constitute a 'reserve pool of assistants in the field of production of publications: proofreading' in Grades B 5/B 4.

The Selection Board for that competition decided to exclude the applicant from the competition as he had completed the necessary three-year period of professional experience only through part-time work, which, in the view of the Selection Board, did not fulfil the requirements.

In support of his action, the applicant claims infringement of the principle of equal treatment laid down in Article 5 of the Staff Regulations. Furthermore, the wording of the notice of competition is, he argues, ambiguous in such a way that it also amounts to infringement of the principle that the administrative authorities are bound by the provision which they themselves have laid down.