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Document 62013TN0124
Case T-124/13: Action brought on 4 March 2013 — Italy v Commission
Case T-124/13: Action brought on 4 March 2013 — Italy v Commission
Case T-124/13: Action brought on 4 March 2013 — Italy v Commission
OJ C 164, 8.6.2013, p. 18–19
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
8.6.2013 |
EN |
Official Journal of the European Union |
C 164/18 |
Action brought on 4 March 2013 — Italy v Commission
(Case T-124/13)
2013/C 164/33
Language of the case: Italian
Parties
Applicant: Italian Republic (represented by: G. Palmieri and P. Gentili, avvocati dello Stato)
Defendant: European Commission
Form of order sought
The applicant claims that the Court should:
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annul Notice of open competition EPSO/AST/125/12 for establishing a reserve list with 110 places for the purposes of filling vacant Assistant (AST 3) posts in the fields of audit, finance/accounting, and economics/statistics; |
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annul Notice of open competition EPSO/AST/126/12 for establishing a reserve list with 78 places for the purposes of filling vacant Assistant (AST 3) posts in the fields of biology, life and health sciences, chemistry, physics and materials science, nuclear research, civil and mechanical engineering, and electrical engineering and electronics; |
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annul Notice of open competition EPSO/AD/248/13 for establishing a reserve list with 29 places for the purposes of filling vacant Administrator (AD 6) posts in the fields of security of buildings and building services engineering; |
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order the Commission to pay the costs. |
Pleas in law and main arguments
In support of the action, the applicant relies on seven pleas in law.
1. |
First plea in law, alleging infringement of Articles 263, 264 and 266 TFEU.
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2. |
Second plea in law, alleging infringement of Article 342 TFEU and Articles 1 and 6 of Regulation No 1/58 determining the languages to be used by the European Economic Community.
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3. |
Third plea in law, alleging infringement of: Article 12 EC, now Article 18 TFEU; Article 22 of the Charter of Fundamental Rights of the European Union; Article 6(3) EU; Articles 1(2) and 3 of Annex III to the Staff Regulations; Articles 1 and 6 of Regulation No 1/58; Articles 1d(1) and (6), 27(2) and 28(f) of the Staff Regulations.
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4. |
Fourth plea in law, alleging infringement of Article 6(3) EU, in so far as it establishes the principle of the protection of legitimate expectations as a fundamental right resulting from the constitutional traditions common to the Member States.
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5. |
Fifth plea in law, alleging misuse of powers and infringement of the substantive rules concerning the nature and purpose of competition notices (in particular, Articles 1d(1) and (6), 28(f) 27(2), 34(3) and 45(1) of the Staff Regulations), and a breach of the principle of proportionality.
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6. |
Sixth plea in law, alleging infringement of: Article 18 and the fourth paragraph of Article 24 TFEU; Article 22 of the Charter of Fundamental Rights of the European Union; Article 2 of Regulation No 1/58; and Article 1d(1) and (6) of the Staff Regulations.
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7. |
Seventh plea in law, alleging infringement of the second paragraph of Article 296 TFEU (failure to state reasons), breach of the principle of proportionality, and misrepresentation of the facts.
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