Judgment of the European Union Civil Service Tribunal (Third Chamber) 24 April 2013

In Case F-73/11, ACTION brought under Article 270 TFEU, applicable to the EAEC Treaty pursuant to Article 106a thereof,

THE CIVIL SERVICE TRIBUNAL (Third Chamber) composed of S. Van Raepenbusch, President, R. Barents (Rapporteur) and K. Bradley, Judges, Registrar: X. Lopez Bancalari, Administrator,

having regard to the written procedure and further to the hearing on 19 September 2012,

gives the following

Judgment

Legal context

1. The Staff Regulations

2. The notice of competition

Invitation to the assessment centre: Selection on the basis of qualifications

Background to the dispute

Procedure and forms of order sought

Law

1. 1. Concerning the claim that the applicant should be admitted to the selection procedure or, if that is not possible, that a new round of tests be organised in which he can take part

2. 2. The claim for annulment of the decision rejecting the complaint

3. 3. The claim for annulment of the contested decision

General considerations

The first plea, alleging infringement of the notice of competition and of the principle of equal treatment, and failure to apply objective selection criteria

The first submission, alleging failure to take into account the experience of the applicant in the field of negotiations at an international level

– Arguments of the parties

– Findings of the Tribunal

The second submission, alleging failure to take the publication of the applicant’s doctoral thesis into account

– Arguments of the parties

– Findings of the Tribunal

The third submission, alleging breach of the principle of equal treatment as a result of a translation error in a question of the application form

– Arguments of the parties

– Findings of the Tribunal

The second plea, alleging manifest errors of assessment

Arguments of the parties

Findings of the Tribunal

The third plea, alleging procedural irregularities

The first part of the third plea

– Arguments of the parties

– Findings of the Tribunal

The second part of the third plea

– Arguments of the parties

– Findings of the Tribunal

The fourth plea, alleging the illegality of the number of points awarded to the response to question 11 of the Talent Screener and breach of the principle of equal treatment

Arguments of the parties

Findings of the Tribunal

Costs

1 Language of the case: English.