Notice for the OJ

 

Action brought on 16 June 2004 by Spyridon de Athanassios Pappas against the Committee of the Regions

(Case T-254/04)

(Language of the case: French)

An action against the Committee of the Regions was brought before the Court of First Instance of the European Communities on 16 June 2004 by Spyridon de Athanassios Pappas, residing in Kraainem (Belgium), represented by Xanthi Gousta, lawyer.

The applicant claims that the Court should:

-    annul the decision of the appointing authority of the Committee of the Regions of 9 March 2004 in response to his complaint of 23 December 2003;

-    annul the decision of 8 October 2003 of the Bureau of the Committee of the Regions annulling recruitment procedure 2000/C 28 A/01;

-    order the Committee of the Regions to pay the costs.

Pleas in law and main arguments:

The applicant applied for the post of Secretary General of the Committee of the Regions and subsequently contested before the Court of First Instance (Case T-73/01) ¹ the decision of the Committee to reject his application and appoint another candidate to that post. By judgment of 18 September 2003, ² the Court of First Instance upheld his application. In the wake of that judgment, the Committee of the Regions, by decision of 8 October 2003, annulled the recruitment procedure at issue and opened a fresh recruitment procedure for the same post.

By this action, the applicant contests the latter decision and the decision rejecting the complaint he lodged about it. He submits that under Article 233 EC the defendant should have reopened the first recruitment procedure, by reconstructing his application file fully and accurately and then proceeding to consult the ad hoc selection committee. According to the applicant, it was only after those steps had been taken that the defendant could validly annul the first recruitment procedure.

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¹ - OJ C161, 2. 6. 2001, p. 23.

² - OJ C 289, 29.11.2003, p. 20.