Notice for the OJ

 

Action brought on 2 January 2004 by Carlo Scano against the Commission of the European Communities

(Case T-5/04)

(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 2 January 2004 by Carlo Scano, resident in Brussels (Belgium), represented by Marc-Albert Lucas, lawyer.

The applicant claims that the Court should:

-    annul the decision of the selection board in Competition COM/PA/02 determining the applicant's results in the pre-selection tests;

-    annul the list of successful candidates in Subject Area No 3 of the competition and any decision adopted on that basis;

-    order the Commission to pay to him compensation for non-material damage to him in a sum to be fixed by the Court;

-    order the Commission to pay the costs.

Pleas in law and main arguments

The applicant, who lodged his candidature for Competition COM/PA/02 for promotion from category B to category A, choosing the subject area "Human Resources Management/Administrative Organisation and Coordination", seeks firstly the annulment of the selection board's decision determining his results in the pre-selection test and on that basis refusing to admit him to the oral test.

In support of his claims the applicant pleads a breach of the principles of good administration, of the duty to have regard for the interests of officials, and of the principles of equal treatment of candidates throughout the competition and of objectivity when choosing between them. He claims, furthermore, that there was a manifest error of assessment in that the sixth multiple choice question in the Italian version of the verbal and numerical test contained differences, caused by translation errors, from the English and French versions. Consequently the applicant, who had opted for the Italian version, logically chose an answer considered incorrect and did not choose that considered correct, unlike candidates who had opted for the other two language versions.

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