Judgment_paragraph 18 · Gloria Pérez-Mínguez Casariego v European Commission (T-1/90)

18On 13 September 1989, the applicant submitted a complaint against the implied rejection of her ‘request’ of 21 February 1989, seeking the annulment of the appointment of Mrs Gutiérrez Díaz to the post of Principal Administrator in question and the appointment of the applicant to that post, and in the alternative the annulment and reopening of the competition procedure. She stated, first, that persons who are not officials of the Communities are entitled to bring actions against Community institutions when they have an interest in bringing an action, relying in that respect on the judgments of the Court of Justice in Case 27/63 Raponi v Commission [1964] ECR 129 and Case 77/74 Küster v Parliament [1975] ECR 949. She then alleged, first, an infringement of the second and third paragraphs of Article 25 of the Staff Regulations and of the terms of the competition notice, since the appointing authority should have notified her of the results of the competition; secondly, infringement of Article 27 of the Staff Regulations, as interpreted by the Court of Justice, in particular in its judgment in Case 282/81 Ragusa v Commission [1983] ECR 1245, since the appointment of Mrs Gutiérrez Díaz was the result of manifest errors of appraisal and not of consideration of the conditions laid down in Article 27; thirdly, infringement of Article 33 of the Staff Regulations, since a favourable medical examination must without fail be followed by the appointment of the candidate selected; fourthly, infringement of Article 5 of Annex III to the Staff Regulations and of Articles 28(d) and 30(2) of the Staff Regulations, since the candidate ultimately appointed did not, she maintains, appear on the list of candidates drawn up by the Selection Board for the competition; fifthly, a misuse of powers in the form of procedural irregularities and the failure to take account of the qualifications and skills of the applicant, relying in that regard on the judgment of the Court of Justice in Case 9/81 Williams v Court of Auditors [1982] ECR 3301; sixthly, infringement of Article 5(3) of the Staff Regulations and of the principle of equal treatment, as interpreted in particular in the judgments of the Court of Justice in Case 29/74 De Dapper v Parliament [1975] ECR 35, and Case 24/78 Martinv Commission [1979] ECR 603.

Gloria Pérez-Mínguez Casariego v European Commission (T-1/90)

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