Notice for the OJ

 

Action brought on 9 August 2004 by Jörg-Michael Fetzer against the European Parliament

(Case T-330/04)

(Language of the case: German)

An action against the European Parliament was brought before the Court of First Instance of the European Communities on 9 August 2004 by Jörg-Michael Fetzer of Tübingen (Germany), represented by Matthias Bauer, lawyer.

The applicant claims that the Court should:

-    declare that the defendant infringed the rights of the applicant in connection with Competition PE/96/A (Administrators);

-    admit the applicant to the second stage of a competition comparable with Competition PE/96/A;

-    in the alternative, order the defendant to pay appropriate compensation, equivalent to at least one month's net salary.

Pleas in law and main arguments

In July 2002, the applicant applied for Competition PE/96/A of the European Parliament. He stated in the application form that he was handicapped, in that his vision is reduced to two per cent of normal. According to the applicant, he was not allowed to write the test with a computer, being told that the examination conditions made no provision for compensating handicapped participants, and he was not given the extension of time which he requested.

The applicant argues that during the examination, owing to the difficulties arising from his handicap, it was nowhere near possible for him to read through all the questions in the allotted time and select the right answers. He argues that he belonged to the 180 best candidates and would therefore have been admitted to the next stage of the competition, if he had been given the requested compensation for his incapacity. He therefore seeks a declaration that he compensation he applied for was wrongly denied to him.

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