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18.10.

2003 EN Official Journal of the European Union C 251/21

Action brought on 25 August 2003 by Jean-Louis Gibault decision of the Selection Board to exclude the applicant
against the Commission of the European Communities from the list of successful candidates;

(Case T-294/03)
— order the defendant bear the applicant's costs.
(2003/C 251/38)
Pleas in law and main arguments
(Language of the case: English)
In support of his application the applicant invokes an alleged
An action against the Commission of the European
violation by the Appointing Authority of the duty to give
Communities was brought before the Court of First Instance
reasons, as well as of the principle of equal treatment and
of the European Communities on 25 August 2003 by
more specifically the principle of non-discrimination on the
Jean-Louis Gibault, Wattrelos, (France), represented by
F. Tuytschaever, lawyer. basis of nationality (Article 27 of the Staff Regulations). In the
context of this latter plea the applicant claims that there are
excessive nationality imbalances between German nationals
The applicant claims that the Court should: and nationals of other Member States in the total number of
successful candidates. According to the applicant, these imbal-
ances could only have resulted from the fact that the nature
and the institutional settings of the examination were such as
— Annul the open competition COM/A/6/01 in the field of to favour German nationals and to put nationals of other
external relations or, in a subsidiary way, annul the member States at a disadvantage.