Notice for the OJ

 

Action brought on 30 December 2004 by Arturo Ruiz Bravo-Villasante against the Commission of the European Communities

(Case T-507/04)

(Language of the case: Spanish)

An action against the Commission of the European Communities was brought before the Court of First Instance of the European Communities on 30 December 2004 by Arturo Ruiz Bravo-Villasante, residing in Madrid, represented by Jose Luis Fuertes Suárez, lawyer.

The applicant claims that the Court of First Instance should:

annul the decision of the appointing authority, namely the Director of the European Personnel Selection Office, of 23 August 2004, dealing with the complaint against the decision of the selection board in Competition COM/B/2/02, concerning the marks awarded in the oral test and his exclusion from the list of successful candidates in the competition of 22 April 2004;

order the Commission to pay the costs.

Pleas in law and main arguments

The applicant in these proceedings contests the decision of the selection board in Competition COM/B/2/02, excluding him, as a result of the marks awarded in his oral test, from the list of candidates finally selected.

In that respect, the applicant requested the chairman of the selection board to review his oral test; the chairman replied that the selection board had confined itself in his case to applying the assessment criteria ('grille d'évaluation') used for all the candidates and that the manner in which the selection board had applied the classification procedure was protected by the requirement of confidentiality.

In support of his claims, the applicant alleges infringement of the principle of transparency and disregard of what constitutes a 'document', for Community purposes, basing its decision to exclude the applicant on an existing document (la grille d'évaluation), the contents of which are not specified and which remain confidential.

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