Judgment of the Court (Fifth Chamber) 20 March 1991

In Case T-1/90,

THE COURT (Fifth Chamber), composed of: C. P. Briët, President of the Chamber, D. Barrington and J. Biancarelli, Judges, Registrar: B. Pastor, Administrator,

having regard to the written procedure and further to the hearing on 24 January 1991,

gives the following

Judgment

The facts

Procedure

Admissibility

The first ground of inadmissibility : the application was lodged out of time

The second ground of inadmissibility: Mrs Gutiérrez Díaz is not a party to the proceedings

The third ground of inadmissibility : the claims made in the documents lodged under the administrative procedure before the proceedings were instituted and those set out in the application to the Court do not correspond

Substance

The claim that the appointment of Mrs Gutiérrez Díaz and the recruitment procedure from the point at which the list of suitable candidates was drawn up should be annulled

The plea concerning manifest error of appraisal constituting an infringement of Article 2 7 of the Staff Regulations

The plea as to breach of the principle of equal treatment

The plea as to misuse of powers

The plea as to infringement of Article 25 of the Staff Regulations and of the competition notice

The claim that the Court should order that the applicant be appointed and, in the alternative, that the competition procedure should be reopened

The claim that the Court should order the production of documents, require the Commission to give certain explanations and obtain witness evidence

Costs

1 Language of the case: Spanish.