Notice for the OJ
Action brought on 10 December 2003 by Sophie van Weyenbergh against the Commission of the European Communities
(Case T-395/03)
(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 10 December 2003 by Sophie van Weyenbergh, resident in Tervuren (Belgium), represented by Carlos Mourato, lawyer.
The applicant claims that the Court should:
- annul the decision of the selection board of Competition COM/TB/99 not to include the applicant in the list of suitable candidates;
- order the defendant to pay to the applicant the sum of EUR 72 924.00, subject to modification in the course of the proceedings, in respect of damages for material and non-material loss;
- order the defendant to pay the costs of the case.
Pleas in law and main arguments
Following the judgment of the Court of First Instance of 13 March 2002 in Joined Cases T-357/00, T-361/00, T-363/00 and T-364/00
1 annulling the decision of the selection board to reject the applicant's candidature for internal Competition COM/TB/99 for the constitution of a reserve list of administrative assistants in career bracket B4/B5, the applicant was called to a new oral test. She objects to the failure to include her name on the list of suitable candidates in this competition.
In this regard, she points out that the letter by which she was notified of the contested decision bears the date of 20 January 2003, that is to say three days before the date on which the oral test in question actually took place. That error was later corrected.
In support of her claims, the applicant pleads:
- breach of the notice of the competition in question and a defect in the procedure, in that the selection board could not evaluate her on her oral abilities until it had interviewed her;
- misuse of powers given that the selection board was biased;
- breach of the principle of equal treatment; and
- breach of the requirement to state grounds for a decision.
____________1 - [2002] ECR-SC I-A-37, II-161.