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Case T-185/05: Judgment of the Court of First Instance of 20 November 2008 — Italian Republic v Commission (Rules on languages — Implementing rules for recruitment to the European Union Civil Service — Action for annulment under Article 230 EC — Action brought by a Member State against, first, a Commission decision to publish vacancy notices for senior management posts in English, French and German and, second, a Commission vacancy notice published in those three languages for the post of Director-General of OLAF — Admissibility — Time-limit for bringing an action — Measures against which an action may be brought — Statement of reasons — Articles 12 EC, 230 EC and 290 EC — Regulation No 1 — Articles 1d and 27 of the Staff Regulations — Principle of non-discrimination)
ECLI:EU:UNKNOWN:62005TA0185
62005TA0185
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10.1.2009
Official Journal of the European Union
C 6/20
(Case T-185/05)
(Rules on languages - Implementing rules for recruitment to the European Union Civil Service - Action for annulment under Article 230 EC - Action brought by a Member State against, first, a Commission decision to publish vacancy notices for senior management posts in English, French and German and, second, a Commission vacancy notice published in those three languages for the post of Director-General of OLAF - Admissibility - Time-limit for bringing an action - Measures against which an action may be brought - Statement of reasons - Articles 12 EC, 230 EC and 290 EC - Regulation No 1 - Articles 1d and 27 of the Staff Regulations - Principle of non-discrimination)
(2009/C 6/40)
Language of the case: Italian
Parties
Applicant: Italian Republic (represented by: I. Braguglia and M. Fiorilli, avvocati dello Stato)
Defendant: Commission of the European Communities (represented by: L. Cimaglia and P. Aalto, Agents)
Interveners in support of the applicant: Kingdom of Spain (represented by: F. Díez Moreno, abogado del Estado); and Republic of Latvia (represented initially by: E. Balode-Buraka, and subsequently by: L. Ostrovska, Agents)
Re:
APPLICATION for annulment, first, of the decision adopted by the Commission at its 1678th meeting on 10 November 2004, whereby external publications of the vacancy notices for senior management posts in the Official Journal of the European Union would be in English, French and German for a period that would in principle end on 1 January 2007 and, second, of vacancy notice COM/2005/335 for the post of Director-General (grade A*15/A*16) of the European Anti-Fraud Office (OLAF), published by the Commission on 9 February 2005 (OJ 2005 C 34 A, p. 3).
Operative part of the judgment
The Court:
1.Annuls the decision adopted by the Commission at its 1678th meeting on 10 November 2004, whereby external publications of the vacancy notices for senior management posts in the Official Journal of the European Union would henceforth be in English, French and German for a period ending 1 January 2007;
2.Annuls vacancy notice COM/2005/335 for the post of Director-General (grade A*15/A*16) of the European Anti-Fraud Office (OLAF), published by the Commission on 9 February 2005 (OJ 2005 C 34 A, p. 3);
3.Orders each party to bear its own costs.
(1) OJ C 155, 25.6.2005.