Action brought on 6 May 2010 — Costa v Commission

(Case F-26/10)

(2010/C 179/100)

Language of the case: French

Parties

Applicant: Antonino Costa (Thionville, France) (represented by: L. Levi and M. Vandenbussche, lawyers)

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of the decision to exclude the applicant from the 2009 promotion exercise and order that the defendant pay to him a sum of compensation for non-material damage.

Form of order sought

—	annul the decision of the appointing authority, known to the applicant on 22 November 2009, to exclude him from the 2009 promotion exercise;

—	so far as necessary, annul the decision of 27 January 2010 rejecting the complaint;

—	consequently, oblige the defendant to recommence properly the 2009 promotion exercise, in which the applicant should be included;

—	order the defendant to pay a sum of EUR 25 000 in compensation for non-material damage;

—	order the European Commission to pay the costs.