Notice for the OJ

 

Action brought on 5 November 2003 by Jacques Wunenburger against Commission of the European Communities

(Case T-370/03)

(Language of the Case: French)

An action against the Commission of the European Communities was brought before the Court of First Instance of the European Communities on 5 November 2003 by Jacques Wunenburger, residing in Zagreb (Croatia), represented by E. Boigelot, lawyer, with an address for service in Luxembourg.

The applicant claims that the Court should:

-    annul the appointing authority's decision of 11 March 2003 not to accept the     applicant's candidature for the post of Director in the Directorate "Africa,     Caribbean, Pacific" (AIDCO.C), as a result of the appointing authority's     decision of 8 January 2003 to appoint another person to that post;

-    in any event, orders the defendant to pay the costs.

Pleas in law and main arguments

The applicant in this case challenges the appointing authority's rejection of his candidature for the post of Director in the Directorate "Africa, Caribbean, Pacific" (AIDCO.C).

In support of his claims, he alleges infringement of Article 7, of the second paragraph of Article 25, and Articles 29(1)(a) and 45(1) of the Staff Regulations, irregularity in the administrative procedure prior to the contested decision, and disregard of general legal principles, such as the protection of legimate expectations, equal treatment and career progression.

In that regard, the applicant submits, in particular, that his candidature was not considered fairly and that he was not, at the very least, short listed without any statement of reasons, although the appointing authority had recognised his abilities for A2 post of Director AIDCO. Furthermore, the appointing authority subsequently established criteria not set out in the vacancy notice.

Finally, the appointing authority made a manifest error of assessment in the comparison of the candidates' respective merits.

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