Judgment of the European Union Civil Service Tribunal (Second Chamber) 5 March 2015

In Case F‑97/13, ACTION brought under Article 270 TFEU,

THE EUROPEAN UNION CIVIL SERVICE TRIBUNAL (Second Chamber) composed of M.I. Rofes i Pujol, President, K. Bradley (Rapporteur) and J. Svenningsen, Judges, Registrar: X. Lopez Bancalari, Administrator,

having regard to the written procedure and further to the hearing on 10 July 2014,

gives the following

Judgment

Facts giving rise to the dispute

The applicant’s career at the European Monitoring Centre for Drugs and Drug Addiction

The recruitment procedure at issue

Forms of order sought and procedure

Law

The subject-matter of the claim for annulment

The claim for annulment of the contested decision and of the undated implicit decision not to appoint [the applicant] to the other position as Senior Programme Manager in the vacancy notice

The first plea, alleging infringement of the vacancy notice and of the principles of protection of legitimate expectations and of legal certainty

The second plea, alleging breach of the duty to state reasons, manifest error of assessment and breach of the principles of legal certainty and transparency

– Arguments of the parties

– Findings of the Tribunal

The third plea, alleging a lack of objectivity and independence on the part of the Director of the FRA

– Arguments of the parties

– Findings of the Tribunal

The fourth plea, alleging an infringement of the guidelines of the Agency regarding seconded national experts

The fifth plea, alleging irregular composition of the selection committee and breach of the principle of non-discrimination on grounds of sex

– Arguments of the parties

– Findings of the Tribunal

The claims for damages

Costs

1 Language of the case: English.