29.3.2008

EN

Official Journal of the European Union

C 79/36

(Case F-113/07)

(2008/C 79/69)

Language of the case: Lithuanian

Parties

Applicant: Irmantas Šimonis (Luxembourg) (represented by: V. Vilkas, lawyer)

Defendant: Commission of the European Communities

Form of order sought

—annul the decision of the Commission of the European Communities by which, in the course of the selection procedure to fill a post which is the subject of notice of vacancy No COM/2007/142, it withdrew its request to transfer the applicant to the Commission and excluded him from the selection procedure;

—annul the decision of the Commission of the European Communities of 8 August 2007 dismissing complaint No R/273/07 filed by the applicant on 27 April 2007;

—order the defendant to pay the costs.

Pleas in law and main arguments

In support of his action, the applicant puts forward three pleas, the first of which alleges infringement of his legitimate expectations resulting from the conclusion of an institutional agreement between the heads of administration in 2005 which provides that a waiting period of three years would be imposed prior to any inter-institutional transfers of newly recruited officials.

In his second three, the applicant claims the Commission's decision is unlawful on the grounds of failure to state reasons, the fact that it is not proportional to the interests protected, and that the Commission exceeded the limits of its discretion. Furthermore, the applicant submits that the decision operates discrimination based on nationality.

In his third plea the applicant claims infringement of the principle of sound administration and breach of the duty of care towards officials.