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Case T-79/17: Action brought on 6 February 2017 — Schoonjans v Commission
ECLI:EU:UNKNOWN:62017TN0079
62017TN0079
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10.4.2017
EN
Official Journal of the European Union
C 112/42
(Case T-79/17)
(2017/C 112/58)
Language of the case: French
Parties
Applicant: Alain Schoonjans (Brussels, Belgium) (represented by: S. Orlandi and T. Martin, lawyers)
Defendant: European Commission
Form of order sought
Declare and rule that
The decision of the selection board of the competition of 11 April 2016 rejecting the applicant’s candidature in Internal Competition COM/02/AST/16 is annulled;
The European Commission is ordered to pay the applicant a sum of EUR 5 000 in respect of the non-pecuniary harm which he has suffered;
The European Commission is ordered to pay the costs.
Pleas in law and main arguments
In support of the action, the applicant raises a plea of illegality of the competition notice based on two pleas in law.
First plea in law, alleging infringement of Article 82(7) of the Conditions of Employment of Other Servants (CEOS), inasmuch as the Commission restricted access to the internal competition organised for grade AST 2 to those members of the contractual staff in Function Group III.
Second plea in law, alleging infringement of the first paragraph of Article 27 of the Staff Regulations of Officials of the European Union, inasmuch as that condition for admission is not, in any event, justified by the interest of the service or the type of posts to be filled.