# C_2018032EN.01002602.xml

| 29.1.2018 | EN | Official Journal of the European Union | C 32/26 |
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29.1.2018

EN

Official Journal of the European Union

C 32/26

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Judgment of the General Court of 5 December 2017 — Spadafora v Commission

(Case T-250/16) (1)

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((Appeal - Civil Service - Officials - Dismissal of the action at first instance as manifestly inadmissible and manifestly unfounded - Application to have that order set aside - Post of Head of the Legal Advice Unit of OLAF - Selection procedure - Pre-selection panel - Not included in the restricted list of proposed candidates for a final interview with the Appointing Authority - Impartiality - Claim for compensation - Loss of chance - Whether the state of the proceedings permits final judgment to be given))

(2018/C 032/35)

Language of the case: Italian

Parties

Parties

Appellant: Sergio Spadafora (Brussels, Belgium) (represented by: G. Belotti, lawyer)

Appellant:

Other party to the proceedings: Commission (represented initially by: G. Gattinara and C. Berardis-Kayser, and subsequently by: G. Gattinara and L. Radu Bouyon, acting as Agents)

Other party to the proceedings:

Re:

Re:

Appeal lodged against the order of the European Union Civil Service Tribunal (Third Chamber) of 7 April 2016, Spadafora v Commission (F-44/15, EU:F:2016:69), seeking to have that order set aside.

Spadafora

Commission

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Sets aside the order of the European Union Civil Service Tribunal (Third Chamber) of 7 April 2016, Spadafora v Commission (F-44/15), with the exception of the dismissal as manifestly inadmissible of the application for a declaration that, by virtue of the annulment of the decision of 30 June 2014, by which the Director General of the European Anti-Fraud Office appointed Ms D to the post of Head of the Legal Advice Unit of OLAF’s Investigation Support Directorate and of Decision Ares(2015) 43686 of 5 January 2015 of Ms K. Georgieva, Vice-President of the European Commission, rejecting the applicant’s claim (R/994/14), the selection procedure was vitiated by illegality from the moment that the illegality occurred; |
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1.

Sets aside the order of the European Union Civil Service Tribunal (Third Chamber) of 7 April 2016, Spadafora v Commission (F-44/15), with the exception of the dismissal as manifestly inadmissible of the application for a declaration that, by virtue of the annulment of the decision of 30 June 2014, by which the Director General of the European Anti-Fraud Office appointed Ms D to the post of Head of the Legal Advice Unit of OLAF’s Investigation Support Directorate and of Decision Ares(2015) 43686 of 5 January 2015 of Ms K. Georgieva, Vice-President of the European Commission, rejecting the applicant’s claim (R/994/14), the selection procedure was vitiated by illegality from the moment that the illegality occurred;

| 2. | Dismisses the remainder of the appeal; |
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2.

Dismisses the remainder of the appeal;

| 3. | Annuls the decision of 30 June 2014, by which the Director General of the European Anti-Fraud Office appointed Ms D to the post of Head of the Legal Advice Unit of OLAF’s Investigation Support Directorate; |
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3.

Annuls the decision of 30 June 2014, by which the Director General of the European Anti-Fraud Office appointed Ms D to the post of Head of the Legal Advice Unit of OLAF’s Investigation Support Directorate;

| 4. | Annuls Decision Ares(2015) 43686 of 5 January 2015 of Ms K. Georgieva, Vice-President of the European Commission, rejecting the applicant’s claim (R/994/14); |
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4.

Annuls Decision Ares(2015) 43686 of 5 January 2015 of Ms K. Georgieva, Vice-President of the European Commission, rejecting the applicant’s claim (R/994/14);

| 5. | Dismisses the action at first instance insofar as Mr Sergio Spadafora seeks compensation for the material loss resulting from the loss of chance to be selected for the post of Head of the Legal Advice Unit of OLAF’s Investigation Support Directorate; |
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5.

Dismisses the action at first instance insofar as Mr Sergio Spadafora seeks compensation for the material loss resulting from the loss of chance to be selected for the post of Head of the Legal Advice Unit of OLAF’s Investigation Support Directorate;

| 6. | Orders the Commission to pay the costs of the appeal proceedings and those of the proceedings at first instance. |
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6.

Orders the Commission to pay the costs of the appeal proceedings and those of the proceedings at first instance.

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(1)  OJ C 251, 11.7.2016.

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