Notice for the OJ

 

Action brought on 18 October 2002 by Hans Mc Auley against

Council of the European Union

    (Case T-324/02)

    (Language of the case: French)

An action against the Council of the European Union was brought before the Court of First Instance of the European Communities on 18 October 2002 by Hans Mc Auley, residing in Wezembeek-Oppem (Belgium), represented by Albert Coolen, Jean-Noël Louis and Etienne Marchal, avocats.

The applicant claims that the Court should:

(annul the decision of 30 January 2002 of the Director General of Directorate General A of the Council to terminate the procedure under Article 29(1)(a) of the Staff Regulations to fill the post of Language Adviser in the English and Irish Language Division and to proceed to the next stage, namely the organisation of an internal competition under Article 29(1)(b);

(order the Council to pay to the applicant the sum of EUR 100 000.00 by way of compensation for material and non-material damage;

(order the defendant to pay the costs.

Pleas in law and main arguments

By judgment of 14 June 2001 in Case T-230/99, the Court of First Instance annulled the decisions of the Council of 15 December 1998 appointing Ms K to the post of language adviser in the English Language Division and rejecting the candidature of the applicant for the said post. The Council appealed that judgment. The appeal was held manifestly inadmissible by order of the Court of Justice of 13 December 2001.

The applicant claims that, in consequence of that judgment, the Council was obliged to re-examine his application for the post in question. By failing to carry out such re-examination, the Council has, in the applicant's view, infringed Article 233 of the EC Treaty. The applicant further alleges manifest error of assessment and misuse of powers.

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