Action brought on 17 May 2004 by Nathalie Heinen against Commission of the European Communities

(Case T-181/04)

(2004/C 190/32)

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 17 May 2004 by Nathalie Heinen, residing in Ottignies (Belgium), represented by Sébastien Orlandi, Albert Coolen, Jean-Noël Louis and Etienne Marchal, lawyers, with an address for service in Luxembourg.

The applicant claims that the Court should:

Pleas in law and main arguments:

The applicant, who took the tests in internal competition COM/PB/02 to move from Category C to Category B, contests the decision of the selection board not to place her on the reserve list drawn up following that competition on the basis of the marks she was awarded in the oral test which, although higher than those required in theory, were insufficient.

In support of her claims the applicant pleads breach of the notice of competition and breach of the principle of equality of treatment and non-discrimination.

In that connection the applicant explains that although the notice of competition provided that the candidates had to indicate on their application form their chosen language for the pre-selection tests and for the oral test, with the option of choosing a different language for the oral test, that decision being final, certain candidates were allowed to change language after submitting their application form, some of them on the day of the oral test itself.