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C 122/40

EN
EN

Official Journal of the European Communities

29.4.2000

— infringement of Articles 4 and 27 to Regulations;

29

of

the

Staff

— a mistake of law consisting in the absence of any objective justification for using the date of 2 October 1997 as a criterion for taking into consideration the persons working in the Schengen Secretariat for the purposes of their being

— order the defendant to give all due legal effect to the reestablishment of the rights of the applicant;

— otherwise, order the defendant to make good both the material and non-material damage suffered, provisionally evaluated at EUR 1, together with default interest as from 1 May 1999;

integrated into the General Secretariat of the Council; — order the defendant to pay all the costs.

— breach of the principle of non-discrimination;

— infringement of Article 7 of the Staff Regulations and of the interest of the service.

Pleas in law and main arguments

The applicant passed competition LA/365 of the Council with a view to the setting-up of a list for the recruitment of Portuguese mother-tongue translators. She challenges the decisions to appoint four former agents of the Schengen

Secretariat to LA 7 posts in the Portuguese division of the

As regards the annulment of the individual decisions, the applicant pleads:

breach of the principle of legitimate expectations; Council’s Language Service. Those appointments imply a

decision to refuse to take into account the applicant’s candi- dature and constitute individual measures implementing

officials and of the principle of sound management. Decision 1999/307/EC. In her application, the applicant

— breach of the principle of having regard for the welfare of

alleges the unlawfulness of the decision and of the individual decisions taken by the Council.

The arguments put forward by the applicant are similar to those put forward in Case T-37/00.

Action brought on 24 February 2000 by Virginia Joaquim Matos against Council of the European Union

(Case T-38/00)

(2000/C 122/61)

Action brought on 28 February 2000 by Javier Martinez Lara and Milva Urba´ n Peno´ n against the Council of the European Union

(Language of the case: French)

(Case T-43/00)

(2000/C 122/62)

(Language of the case: French)

An action against Council of the European Union was brought before the Court of First Instance of the European Communities on 24 February 2000 by Virgı´nia Joaquim Matos, residing in Montijo, Portugal, represented by Georges Vandersanden and Laure Levi, of the Brussels Bar, with an address for service in Luxembourg at Société de Gestion Fiduciaire SARL, 2-4 Rue Beck.

An action against the Council of the European Union was brought before the Court of First Instance of the European Communities on 28 February 2000 by Javier Martinez Lara and Milva Urba´n Peno´ n, residing at Brussels, represented by

The applicant claims that the Court should: Jean-Noël Louis, Greta-Françoise Parmentier and Véronique Peere, of the Brussels Bar, with an address for service in

annul decision 1999/307 of the Council of 1 May 1999 laying down the detailed arrangements for the integration of the Schengen secretariat into the General Secretariat of the Council;

Luxembourg at the offices of the Société de Gestion Fiduciaire SARL, 2-4 Rue Beck.

The applicants claim that the Court should:

— annul the decisions to appoint four persons to LA 7

posts

in the Portuguese Division of the Council’s Language Service;

— annul the subsequent implied decisions not to appoint the applicant to one of those posts;

— annul the decision of the appointing authority of 28 July 1999 to reject the applicants’ application to define Compe- tition B/260 as a ‘non-specialised’ competition concerning passage from one category to another for the purpose of drawing up a reserve list of administrative assistants of Grade B5;

29.4.2000

EN
EN

Official Journal of the European Communities

C 122/41

— annul the jury’s decision not to put their names on the list of successful candidates in Internal Competition B/260:

— order the defendant to pay the costs.

Removal from the register of Case T-193/98 ( 1 )

(2000/C 122/63)

(Language of the case: Greek)

Pleas in law and main arguments

By order of 18 February 2000 the President of the Second Chamber of the Court of First Instance of the European Communities has ordered the removal from the register of Case T-193/98: Vassilis Boucouvalas v European Parliament.

( 1 ) OJ C 48 of 20.2.1999.

The applicants state that the Council had organised an Internal Competition B/260 concerning passage from one category to another on the basis of tests, in order to fill three administrative assistants’ posts. After the tests had been marked by the jury, by letters of 27 November 1998, the Directorate for Personnel and Administration informed the applicants that they had obtained 109 and 105 marks respectively in the written and

oral tests overall, which would have allowed them to be included in fifth and sixth places on the list of suitable candidates. In accordance with the footnote on page 1 and with Chapter V of the notice of competition, the jury did not place them on the list of suitable candidates, since the number of successful candidates cannot exceed the number of posts to Removal from the register of Case T-88/99 ( 1 ) be filled, namely three posts.

(2000/C 122/64)

During the pre-litigation stage, the applicants claimed that,

the

three posts to be filled was occupied by one of the successful

candidates and that, therefore, the competition at issue was

not a competition designed to fill specific posts, but

non-specialised competition concerning passage from one

according to the information at their disposal, only one of

(Language of the case: Greek)

a By order of 18 February 2000 the President of the Second Chamber of the Court of First Instance of the European Communities has ordered the removal from the register of Case T-88/99: Vassilis Boucouvalas v European Parliament.

category to another. They requested, consequently, that a full

reserve list be drawn up including all passed the tests, including themselves.

the candidates who had

( 1 ) OJ C 160 of 5.6.1999.

In support of their claims before the Court of First Instance, the applicants plead:

— infringement of Article 4 of the Staff Regulations, and of the general principle prohibiting appointment by order;

— infringement of Article 29(1) of the Staff Regulations;

— infringement of:

— Staff Notice No 16/91 concerning the general

arrange-

ments for applying the system of internal competitions, and in particular point ‘D’ thereof,

— Staff Notices No

70/97 and 32/98 concerning Internal

Competition B/260.

Removal from the register of Case T-207/99 R

(2000/C 122/65)

(Language of the case: Spanish)

By order of 14 February 2000 the President of the Court of First Instance of the European Communities has ordered the removal from the register of Case T-207/99 R: Asociacio´ n de Fruticultores del Jalo´ n Medio v Commission of the European Communities.