Notice for the OJ

 

Action brought on 9 August 2002 by José Barbosa Gonçalves against Commission of the European Communities

    (Case T-238/02)

    (Language of the case: Portuguese)

An action against the Commission of the European Communities was brought before the Court of First Instance of the European Communities on 9 August 2002 by José Barbosa Gonçalves, residing in Viana do Castelo, represented by João Dias Gonçalves, lawyer.

The applicant claims that the Court should:

(order the Commission of the European Communities to compensate him at a rate to be set by the Court but at no less than EUR 1 016 200;

(order the Commission to pay all the costs;

(order the Commission to publish the order against it in the European daily and weekly newspapers with the greatest circulation.

Pleas in law and main arguments

In support of his claims, the applicant alleges errors in the tests in General Competition COM/A/6/01, irregularities in the marking of the tests, infringement of the rules of the competition, of the general principles of transparency, neutrality and impartiality, and failure to treat the candidates equally.

In the applicant's view, his legitimate professional expectations were thus prejudiced, so that annulment of the competition would not suffice to make good the damage suffered. He therefore asks for the material and non-material damage suffered by him as a result of its conduct to be compensated, in particular loss of earnings, including the benefits which the applicant should have obtained in all likelihood or probability.

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