Notice for the OJ
Action brought on 15 May 2003 by Eduard Vonier against the Commission of the European Communities
(Case T-165/03)
Language of the Case: German
An action against the Commission of the European Communities was brought before the Court of First Instance of the European Communities on 15 May 2003 by Eduard Vonier, resident in Amsterdam (Netherlands), represented by W. Schmolke, lawyer.
The applicant claims that the Court should:
(annul and set aside the decision of the selection board of 30 July 2002 not to include him on the list of successful candidates in Competition COM/A/601 for the field of external relations;
(order the Commission to pay EUR 10 000 in compensation for the non-material damage caused to the him;
(order the Commission to pay the costs, pursuant to Article 87(3) of the Rules of Procedure if appropriate.
Pleas in law and main arguments
Competition COM/A/601
1 was held in order to recruit administrators in the fields of external relations and administration of aid to non-member countries. The applicant, an Austrian national, submitted an application for the field of foreign relations. He was successful in the written procedure and was admitted to the oral examination. By the contested decision he was, however, informed that he could not be included on the list of successful candidates because his mark for the oral examination (18 out of 40) fell below the minimum mark of 20.
The applicant relies on the following pleas in law:
(Breach of the prohibition against discrimination on grounds of nationality under Articles 12 EC and 39 EC and of the requirement that applicants in a competition be treated equally: by reason of his Austrian nationality, the applicant was not admitted to a seminar for preparing for the oral examination which was organised by the German Department for Foreign Affairs and in which Commission officials took part.
(Defective composition of the selection board, breach of essential procedural requirements and infringement of Annex III to the Staff Regulations.
(Manifest error of assessment and misuse of powers by the selection board.
(Breach of essential procedural requirements through a failure to assess the applicant's linguistic knowledge, contrary to the notice of competition.
____________1 - (Officially announced in OJ No C 110 A, 11.4.2001, p. 13.