Notice for the OJ

 

Action brought on 15 July 2004 by Monika Luxem against the Commission of the European Communities

(Case T-306/04)

(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 15 July 2004 by Monika Luxem, residing in Brussels, represented by Sébastien Orlandi, Albert Coolen, Jean-Noël Louis and Etienne Marchal, lawyers, with an address for service in Luxembourg.

The applicant claims that the Court of First Instance should:

annul the Commission's decision not to appoint her an official of the European Communities, not to assign her to DG DEV/A 2 to the post declared vacant under reference COM/2002/6022/F and refusing to assign her to any other post corresponding to her abilities and her professional qualifications and experience;

order the defendant to pay the costs.

Pleas in law and main arguments

The applicant submitted her candidature for open competition COM/A/6/01 for the recruitment of administrators in the fields of external relations and the management of aid. In her candidature she stated that she had obtained a German diploma after three years of studies. Having passed the competition, she applied for a vacant post in the Commission. By letter of 30 July 2003 the Commission informed her that, having regard to her diploma, it was unable to accept her candidature. According to the Commission, only a German diploma obtained after four years' studies would satisfy the conditions for admission to the competition, which stipulated that the necessary diplomas must give access to doctoral studies.

In support of her action for annulment of that decision, the applicant pleads breach of the principle of legal certainty, the unlawfulness of withdrawing a decision that has conferred rights on an individual, infringement of the competition notice in question and a manifest error of assessment.

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