# C_2008107EN.01000602.xml

| 26.4.2008 | EN | Official Journal of the European Union | C 107/6 |
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26.4.2008

EN

Official Journal of the European Union

C 107/6

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Judgment of the Court (Third Chamber) of 28 February 2008 — Wineke Neirinck v Commission

(Case C-17/07 P) (1)

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(Appeal - Staff cases - Temporary staff - Contract staff - Office for Infrastructure and Logistics in Brussels (OIB) - Recruitment procedure - Rejection of candidature - Action for annulment - Action for damages)

(2008/C 107/09)

Language of the case: French

Parties

Appellant: Wineke Neirinck (represented by: G. Vandersanden and L. Levi, avocats)

Appellant:

Other party to the proceedings: Commission of the European Communities (represented by: J. Currall and D. Martin, agents)

Other party to the proceedings:

Re:

Appeal against the judgment of the Court of First Instance (Second Chamber) of 14 November 2006 in Case T-494/04 Neirinck v Commission dismissing the application of the appellant seeking (i) annulment of the Commission's decisions rejecting her candidature for the post of lawyer in the Buildings Policy sector of the Office for Infrastructure and Logistics in Brussels (OIB) and appointing another applicant to that post and (ii) award of damages — Concept of interest in bringing proceedings — Obligation to state reasons — Distortion of the clear sense of the evidence — Misuse of powers — Interests of the service, principle of the administration's duty to have regard for the interests of officials and principle of proper administration.

Neirinck

Commission

Operative part of the judgment

The Court:

| 1. | annuls the judgment of the Court of First Instance (Second Chamber) of 14 November 2006 in Case T-494/04 Neirinck v Commission in so far as the Court dismissed the plea in law alleging that an infringement of the obligation to state reasons vitiated the decision of the Commission of the European Communities of 27 April 2004 informing Mrs Neirinck that she had failed the oral examination within the recruitment procedure for the post of lawyer in the Buildings Policy sector of the Office for Infrastructure and Logistics in Brussels, as a member of contract staff; |
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1.

annuls the judgment of the Court of First Instance (Second Chamber) of 14 November 2006 in Case T-494/04 Neirinck v Commission in so far as the Court dismissed the plea in law alleging that an infringement of the obligation to state reasons vitiated the decision of the Commission of the European Communities of 27 April 2004 informing Mrs Neirinck that she had failed the oral examination within the recruitment procedure for the post of lawyer in the Buildings Policy sector of the Office for Infrastructure and Logistics in Brussels, as a member of contract staff;

Neirinck

Commission

| 2. | dismisses the appeal for the remainder; |
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2.

dismisses the appeal for the remainder;

| 3. | annuls the decision of the Commission of the European Communities of 27 April 2004 informing Mrs Neirinck that she had failed the oral examination within the recruitment procedure for the post of lawyer in the Buildings Policy sector of the Office for Infrastructure and Logistics in Brussels, as a member of contract staff; |
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3.

annuls the decision of the Commission of the European Communities of 27 April 2004 informing Mrs Neirinck that she had failed the oral examination within the recruitment procedure for the post of lawyer in the Buildings Policy sector of the Office for Infrastructure and Logistics in Brussels, as a member of contract staff;

| 4. | dismisses the action for the remainder; |
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4.

dismisses the action for the remainder;

| 5. | orders the Commission of the European Communities to pay, in addition to its own costs, the entire costs of Mrs Neirinck before the Court of Justice of the European Communities and before the Court of First Instance of the European Communities. |
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5.

orders the Commission of the European Communities to pay, in addition to its own costs, the entire costs of Mrs Neirinck before the Court of Justice of the European Communities and before the Court of First Instance of the European Communities.

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(1)  OJ C 95, 28.4.2007.

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