Notice for the OJ
Action brought on 27 December 2001 by José María Pujals Gomis against Commission of the European Communities
(Case T-332/01)
(Language of the case: Spanish)
An action against the Commission of the European Communities was brought before the Court of First Instance of the European Communities on 27 December 2001 by José María Pujals Gomis, residing in Cerdanyola del Vallés (Spain), represented by Javier Pujals Gomis, lawyer.
The applicant claims that the Court should:
(Annul the decision of the selection board for Competition COM/B/1/0 of 28 September 2001;
(In the alternative, annul the present procedure and order a fresh procedure;
(order the defendant to pay the costs.
Pleas in law and main arguments
The applicant contests the decision of the selection board for General Competition COM/B/1/0, organised by the Commission with a view to constituting a reserve list of assistants at Grade B 5/B 4 in the field of customs,
1 not to mark the tests sat by the applicant on 6 July 2001 on the ground that he did not have sufficient professional experience as required by Point III.B.2 of the competition notice.
The applicant claims that he has the professional experience required by the competition notice, as attested when he submitted his application, and that the contested decision does not comply with the requirement to give reasons and is contrary to the principle of equality of treatment. The applicant further argues that inviting the candidates to tests and to then check whether the conditions laid down for the competition have been met amounts to an inadequate procedure which runs counter to the principles of sound administration and of legal certainty and deprives those candidates who have been excluded of their rights of defence.
____________1 - ( ( TEXTE DE LA NOTE ( OJ C 24A, p. 22 ( TEXTE DE LA NOTE (