Action brought on 8 April 2004 by Giuseppe Caló against Commission of the European Communities

(Case T-134/04)

(2004/C 146/08)

Language of the case: French

An action against the Commission of the European Communities was brought before the Court of First Instance of the European Communities on 8 April 2004 by Giuseppe Caló, residing in Luxembourg, represented by S. Orlandi, A. Coolen, J.-N. Louis and E. Marchal, lawyers, with an address for service in Luxembourg.

The applicant claims that the Court of First Instance should:

Pleas in law and main arguments

The applicant, an official of the defendant assigned to EUROSTAT as Director of the Agriculture, environment, food and regions statistics directorate, had been reassigned, with his post, to the duties of Principal Adviser to the Director-General of the Directorate-General to which he was assigned. The Commission had also decided to fill his former post.

The applicant has challenged those decisions before the Court of First Instance in another case (T-118/04 Caló v Commission).

In the present action, the applicant challenges the decision to appoint another official to his former post, relying, first, on the same pleas in law as those invoked in Case T-118/04. He claims moreover that the candidate appointed does not have the qualifications required by the vacancy notice in question. He also contends that that candidate participated in a meeting of the Commissioners' Chefs de cabinet at which the filling of the post for which he was himself a candidate was decided. The applicant, on that basis, alleges infringement of the principles of transparency, fairness and impartiality and infringement of the rights of the defence. Finally, the applicant alleges a complete failure to state reasons.