Notice for the OJ
Action brought on 8 December 2003 by Sophie Bachotet against Commission of the European Communities
(Case T-400/03)
(Language of the case: French)
An action against the Commission of the European Communities was brought before the Court of First Instance of the European Communities on 8 December 2003 by Sophie Bachotet, residing in Brussels, represented by Sébastien Orlandi, Albert Coolen, Jean-Noël Louis and Etienne Marchal, lawyers, with an address for service in Luxembourg.
The applicant claims that the Court should:
- Annul the decision of the Research selection committee in COM/R/A/01/1999 not to include the name of the applicant on the reserve list;
- Order the defendant to pay the costs.
Pleas in law and main arguments
Following the judgment of the Court of First Instance of 24 September 2002 in Case T-182/01,
1 annulling the decision of the selection board not to enter the applicant's name on the reserve list resulting from selection procedure COM/R/A/01/1999 held in order to create a reserve list of temporary agents, the applicant was invited to another oral test. The applicant contests the final decision not to enter her name on the list of suitable candidates following that second oral test.
In support of her claims the applicant relies on the following pleas:
- Breach of Article 233 EC, in so far as the selection board organised the oral test without taking account of the grounds and the operative part of the above judgment of the Court of First Instance of 24 September 2002;
- Breach of the principle of equal treatment for candidates, in so far as the selection board did not establish, before the oral test, the criteria necessary to enable it to make an assessment, more than two years after the first tests were held, of the comparative merits of the applicant and the successful candidates placed on the reserve list bearing in mind the principle of equal treatment;
- Breach of the duty to state reasons and a manifest error of assessment.
____________1 - Not yet published in the ECR