Action brought on 13 December 2005 - Jean-Marc Bracke v Commission of the European Communities

(Case F-123/05)

Language of the case: French

Parties

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

Defendant(s): Commission of the European Communities

Form of order sought

The applicant(s) claim(s) that the Court should:

annul the decision adopted on 7 September 2005 by the appointing authority in response to the complaint lodged by Mr Jean-Marc Bracke (No R/570/05) and the subsequent measures adopted as a consequence of that decision;

order the defendants to pay the costs.

Pleas in law and main arguments

The applicant, who was a successful candidate in competition COM/PC/04, contests the legality of the appointing authority's decision not to take him on as a probationary official on the ground that he does not fulfil the seniority requirements included among the eligibility conditions for the abovementioned competition.

The applicant contends that the contested decision infringes Article 27 of the Staff Regulations in that, for no valid reason, it denies some of the candidates access to the vacant post. He also alleges breach of the principle of non-discrimination, of the principle of sound administration, of the principle of independence of the selection board and of the principle of the protection of legitimate expectations. Finally, he contends that the provision in the vacancy notice on which the abovementioned decision was based, namely paragraph III .1, is illegal, since it is in breach of the principle of non-discrimination and should therefore be declared inoperative, pursuant to Article 241 EC.

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