JUDGMENT OF THE COURT OF FIRST INSTANCE

of 21 October 2004

in Case T-49/03: Gunda Schumann v Commission of the European Communities (1)

(Officials - Open competition - Preselection tests - Neutralisation of a multiple-choice question - Principle of proportionality - Breach of the competition notice)

(2004/C 314/48)

Language of the case: German

In Case T-49/03: Gunda Schumann, residing in Berlin (Germany), represented by Y. Block, lawyer, with an address for service in Luxembourg, against Commission of the European Communities (Agent: J. Currall, assisted by B. Wägenbaur, lawyer, with an address for service in Luxembourg) — application for annulment of the decision of the selection board in open competition COM/A/11/01 not to admit the applicant to the tests following the preselection tests, the Court of First Instance (Fifth Chamber), composed of P. Lindh, President, R. Garcia-Valdecasas and J.D. Cooke Judges; D. Christensen, Administrator, for the Registrar, gave a judgment on 21 October 2004, in which it:

1.	Dismisses the application as inadmissible in that it seeks annulment of the decision of 19 July 2002;

2.	Dismisses the application as unfounded in that it seeks annulment of the decision of 4 June 2002;

3.	Orders the parties to bear their own costs.

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(1)   OJ No C 101 of 26.4.2003.