Judgment — ECLI:EU:T:2021:896
Date: 2021-12-15
Language of the case: German
Court formation: Seventh Chamber
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Procedure: Staff cases - successful

Action brought on 30 November 2020 – OI v Commission (Case T-705/20) Language of the case: French Parties Applicant: OI (represented by: S. Orlandi, lawyer) Defendant: European Commission Form of order sought The applicant claims that the Court should: annul the decision not to include his name on the reserve list for internal competition COM/03/AD/18; order the European Commission to pay the costs. Pleas in law and main arguments In support of the action, the applicant relies on two pleas in law. First plea in law, put forward principally, alleging failure to adequately state reasons. The applicant takes the view that the statement of reasons consists of literal assessments, which are not consistent with the grades awarded. Moreover, the selection panel has not communicated the assessment criteria adopted before the tests, so that neither the applicant nor the appointing authority were able to check the legality of those criteria. Second plea in law, put forward in the alternative, alleging a manifest error of assessment committed by the selection panel since that panel was not in a position to justify to the requisite legal standard the manifest inconsistencies between the literal assessments and the numerical grades, having regard to a comparison with comparable assessments of other candidates. ____________