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

In Case F-88/11, ACTION brought under Article 270 TFEU, applicable to the EAEC Treaty pursuant to Article 106a thereof,

THE CIVIL SERVICE TRIBUNAL (First Chamber) composed of H. Kreppel, President, E. Perillo and R. Barents (Rapporteur), Judges, Registrar: J. Tomac, Administrator,

having regard to the written procedure and further to the hearing on 9 October 2012,

gives the following

Judgment

Legal context

Facts

Forms of order sought

Law

1. The claims for the reserve list to be amended to include the applicant’s name or, if not, for an order for publication of a new reserve list including his name

2. The claims seeking the annulment of the appointing authority’s decision, of 16 June 2011, rejecting the complaint

3. The claims for annulment of the contested decision

The first plea, alleging infringement by the selection board of its obligation to make a comparative evaluation of the candidates

– Arguments of the parties

– Findings of the Tribunal

The second plea, alleging infringement of the principle of equal treatment.

– Arguments of the parties

– Findings of the Tribunal

The third plea, alleging infringement of procedural requirements relating to the composition of the selection board

– Arguments of the parties

– Findings of the Tribunal

The fourth plea, alleging infringement of the competition notice

– Arguments of the parties

– Findings of the Tribunal

The fifth plea, alleging breaches of procedure in the conduct of the oral test

– Arguments of the parties

– Findings of the Tribunal

The sixth plea, alleging infringement of the principle of sound administration

– Arguments of the parties

– Findings of the Tribunal

4. The claims for damages

Costs

1 Language of the case: English.