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Case T-55/17: Action brought on 30 January 2017 — Healy v Commission
ECLI:EU:UNKNOWN:62017TN0055
62017TN0055
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10.4.2017
EN
Official Journal of the European Union
C 112/39
(Case T-55/17)
(2017/C 112/54)
Language of the case: French
Parties
Applicant: John Morrison Healy (Celbridge, Ireland) (represented by: S. Orlandi and T. Martin, lawyers)
Defendant: European Commission
Form of order sought
The applicant claims that the General Court should:
—annul the decision of 11 April 2016 by which the selection board excluded the applicant from participating in Competition COM/02/AST/16 (AST 2);
—order the Commission to pay the costs.
Pleas in law and main arguments
In support of the action, the applicant relies on a single plea in law, alleging breach of the first paragraph of Article 27 of the Staff Regulations.
The applicant is of the view that the admission condition at issue, namely that of demonstrating 42 months of service within the Commission, is not justified in view of the requirements of the positions to be filled.
In addition, the applicant claims that Article 82(7) of the Conditions of Employment of Other Servants (CEOS) is incompatible with Article 27 of the Staff Regulations in so far as it excludes, in all cases, contract staff who have completed less than 36 months of service from participating in internal competitions. In the present case, the applicant maintains, the Commission took the view that 36 months was a minimum threshold which vitiated the Appointing Authority’s assessment of the admission condition at issue.