# C_2017231EN.01002501.xml

| 17.7.2017 | EN | Official Journal of the European Union | C 231/25 |
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17.7.2017

EN

Official Journal of the European Union

C 231/25

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Order of the General Court of 17 May 2017 — Cuallado Martorell v Commission

(Case T-481/16 RENV) (1)

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((Civil service - Recruitment - Open competition - Non-admission to the oral tests - Assessment of the written test - Decision not to include the applicant’s name on the reserve list - Possibility for a selection board to entrust the marking of the written tests to one of its members - Action in part manifestly inadmissible and in part manifestly lacking any foundation in law))

(2017/C 231/31)

Language of the case: Spanish

Parties

Parties

Applicant: Eva Cuallado Martorell (Valencia, Spain) (represented by: C.M. Pinto Cañón, lawyer)

Applicant:

Defendant: European Commission (represented by: J. Baquero Cruz and G. Gattinara, acting as Agents)

Defendant:

Re:

Re:

Application based on Article 270 TFEU and seeking annulment of the decision of the selection board in Competition EPSO/AD/130/08, organised by the European Personnel Selection Office (EPSO), not to admit the applicant to take part in the oral tests and not to include her on the reserve list.

Operative part of the order

Operative part of the order

| 1. | The action is dismissed as being manifestly inadmissible in so far as it is directed against the decision of EPSO made on 14 September 2009 regarding the issue of the applicant’s admission to the oral tests in question. |
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1.

The action is dismissed as being manifestly inadmissible in so far as it is directed against the decision of EPSO made on 14 September 2009 regarding the issue of the applicant’s admission to the oral tests in question.

| 2. | The action is dismissed as manifestly lacking any foundation in law in so far as it is directed against the decision of EPSO made on 23 July 2009 maintaining the eliminatory mark of 18/40 in final written test (c) and refusing to admit Ms Cuallado Martorell to the oral stage of the competition. |
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2.

The action is dismissed as manifestly lacking any foundation in law in so far as it is directed against the decision of EPSO made on 23 July 2009 maintaining the eliminatory mark of 18/40 in final written test (c) and refusing to admit Ms Cuallado Martorell to the oral stage of the competition.

| 3. | Ms Cuallado Martorell and the European Commission shall bear their own respective costs in relation to the appeal proceedings before the General Court. |
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3.

Ms Cuallado Martorell and the European Commission shall bear their own respective costs in relation to the appeal proceedings before the General Court.

| 4. | Ms Cuallado Martorell shall pay the costs relating to the proceedings referred back to the Civil Service Tribunal and before the General Court. |
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4.

Ms Cuallado Martorell shall pay the costs relating to the proceedings referred back to the Civil Service Tribunal and before the General Court.

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(1)  OJ C 148, 5.6.2010 (case initially registered with the European Union Civil Service Tribunal as Case F-96/09, subsequently referred back to the Civil Service Tribunal, following an appeal, as Case F-96/09 RENV, and transferred to the General Court of the European Union on 1 September 2016).

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