Action brought on 11 March 2008 - Italy v Commission and EESC

(Case T-117/08)

Language of the case: Italian

Parties

Applicant: Italian Republic (represented by: P. Gentili, avvocato dello Stato)

Defendants: Commission of the European Communities, European Economic and Social Committee

Form of order sought

The Italian Republic challenges before the Court of First Instance of the European Communities the following acts published by the EESC:

(1) vacancy notice No 73/07 concerning a post of Secretary-general in the Secretariat of the European Economic and Social Committee, published only in the English, French and German versions of the Official Journal of the European Union C 316A of 28 December 2007;

(2) corrigendum to the vacancy notice published only in the English, French and German versions of the Official Journal of the European Union C 25A of 30 January 2008.

Pleas in law and main arguments

The pleas in law and main arguments are similar to those relied on in Case T-156/07 Spain v Commission. ¹

In addition to infringement of Regulation No 1/58 and Article 290 EC, the applicant submits in particular, on the ground of lack of the requisite competence, infringement of Article 12 EC, Article 22 of the Charter of Fundamental Rights of the European Union, Article 6 of the Treaty on European Union and a number of provisions of the Staff Regulations of the European Civil Service, as well as a failure to state adequate reasons and misuse of power in the present case.

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¹ - OJ C 140, 23.06.2007, p. 42.