Action brought on 3 February 2017 — RS v Commission

(Case T-73/17)

Language of the case: French

Parties

Applicant: RS (represented by: S. Orlandi and T. Martin, lawyers)

Defendant: European Commission

Form of order sought

Declare and rule that

The decision of the selection board of the competition of 11 April 2016 rejecting the applicant’s application for internal competition COM/02/AST/16 is annulled;

The European Commission is ordered to pay the applicant the sum of EUR 5 000 in respect of the non-pecuniary harm which he has suffered;

The European Commission is ordered to pay the costs.

Pleas in law and main arguments

In support of the action, the applicant relies on a single plea in law, alleging infringement of the first paragraph of Article 27 of the Staff Regulations of Officials.

The applicant thus puts forward a plea of illegality of the notice of the contested internal competition insofar as it lays down a condition for admission to the competition which has the effect of refusing access to it to those temporary agents who have not been in an administrative position of active employment, on leave for military service, on parental or family leave or on secondment during the 12 months preceding the closing date for filing applications.

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