21.2.2009

Official Journal of the European Union

C 44/77

(Case F-104/08)

(2009/C 44/140)

Language of the case: French

Parties

Applicant: Angel Angelidis (Luxembourg, Luxembourg) (represented by: É. Boigelot, lawyer)

Defendant: European Parliament

Subject-matter and description of the proceedings

First, annulment of notice of vacancy No 12564 adopted by the President of the European Parliament, dated 26 February 2008, concerning the filling of the post of Director of the Directorate-General for Internal Policies of the European Union — Directorate D Budgetary Affairs and the recruitment procedure initiated by that notice. Second, annulment of the decision to reject the applicant's candidacy for the post of Director of Budgetary Affairs of the Directorate-General for Internal Policies and to appoint another candidate to that post. Lastly, a claim for damages for the non-material and material loss suffered by the applicant and for him to be appointed to the grade of Director ‘ad personam’.

Form of order sought

—Annul the decision of the appointing authority of 23 September 2008 and, consequently, notice of vacancy No 12564 adopted by the President of the European Parliament, dated 26 February 2008, concerning the filling of the post of Director of the Directorate-General for Internal Policies of the European Union — Directorate D Budgetary Affairs;

—Consequently, annul the procedure for recruitment by means of transfer or promotion initiated by the notice of vacancy;

—Annul the decision of the appointing authority of 21 November 2008 appointing the Director of Budgetary Affairs of the Directorate-General for Internal Policies and the decision to reject the applicant's candidature in respect of that post;

—Order the defendant to pay damages for non-material and material loss and for the detriment to the applicant's career which he assesses, without prejudice to claiming a greater or a lesser sum in the course of the procedure, at the global sum of EUR 25 000, and that, taking account of the inadequate enforcement of the judgment of the Court of First Instance of 13 September 2007, the finding of a serious misuse of powers and of the conditions in which that new contested appointment occurred;

—In any event, order that the applicant be awarded the grade of Director ‘ad personam’ by virtue of the serious harm caused to his career in that the Parliament without justification denied him an appointment to a higher grade;

—Order the European Parliament to pay the costs.