Avis juridique important

61989A0072

European Court reports 1990 Page II-00057 Pub.RJ Page Pub somm

Summary

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The action brought by a person whose name is entered on a reserve list following an open competition against the failure by a Community institution to offer him a post comes under Article 179 of the Treaty and Articles 90 and 91 of the Staff Regulations of Officials ( see the judgments of 22 October 1975 in Case 9/75 Meyer-Burckhardt v Commission (( 1975 )) ECR 1171 and of 29 October 1975 in Joined Cases 81 to 88/74 Marenco and Others v Commission (( 1975 )) ECR 1247 ).

Such an action cannot be declared admissible in the absence of a prior complaint as provided for in Article 91 of the Staff Regulations ( see the judgment of 3 February 1977 in Case 91/76 De Lacroix v Court of Justice (( 1977 )) ECR 225 ).

Parties

In Case T-72/89

Pedro Bocos Viciano, residing in Gandía, Spain, represented by Eugenio Carbonell Serrano, of the Valencia Bar, with an address for service in Luxembourg at the Chambers of Catherine Thill, 17 boulevard Royal,

applicant,

Commission of the European Communities, represented by its Legal Adviser, Miguel Díaz-Llanos La Roche, and Daniel Calleja Crespo, a member of its Legal Department, acting as Agents, with an address for service in Luxembourg at the office of Georgios Kremlis, a member of its Legal Department, Wagner Centre, Kirchberg,

defendant,

APPLICATION for annulment of the Commission' s decision not to offer the applicant a post, an acknowledgement of his right to be offered a post and an order that the Commission inform him of the result of his medical examination,

THE COURT OF FIRST INSTANCE ( Fourth Chamber )

composed of : D . A . O . Edward, President of Chamber, R . Schintgen and R . García-Valdecasas, Judges,

( the grounds of the judgment are not reproduced )

hereby :

Operative part

( 1)Dismisses the application as inadmissible;

( 2)Orders the parties to bear their own costs.