Order of the Civil Service Tribunal (Second Chamber) of 3 May 2007 - Bracke v Commission

(Case F-123/05) 1

(Officials - Competitions - Internal competition - Eligibility conditions - Competition notice - Seniority requirement - Temporary staff - Article 27 of the Staff Regulations - Principle of sound administration - Principle of non-discrimination)

Language of the case: French


Applicant: Jean-Marc Bracke (Etterbeeck, Belgium) (represented by: P. Bruwier, lawyer)

Defendant: Commission of the European Communities (represented by: D. Martin and L. Lozano Palacios)


First, the inapplicability, under article 241 EC, of point III.1 of the notice of competition COM/PC/04 on account of infringement of the principle of non-discrimination, and, second, annulment of the decision of the Appointing Authority not to recruit the applicant, and of the measures taken in consequence of that decision, on the grounds that it infringes Article 27 of the Staff Regulations, the principle of non-discrimination, the principle of sound administration, the principle of independence of the selection board, the principle of the protection of legitimate expectations, and that it is founded on an illegal provision of the notice.

Operative part of the order

1.    The application is dismissed as being manifestly unfounded.

2.    Each party shall bear its own costs.


1 - OJ C 60 of 11.03.2006, p. 53.