Information;Judgment — ECLI:EU:C:2023:884
Date: 2023-11-16
Language of the case: French
Court formation: Seventh Chamber
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Procedure: Appeal - unfounded;Appeal - inadmissible;Staff cases

Judgment of the Court (Seventh Chamber) of 16 November 2023 – Colombani v EEAS (Case C‑595/22 P) (1) (Appeal – Civil service – Official of the European External Action Service (EEAS) – Selection procedures – Post of Director for Middle East and North Africa – Post of Head of the EU Delegation to Canada – Decisions rejecting the applications of that official – Action for annulment – Inadmissibility of the claim for annulment of one of those rejection decisions – Amicable settlement excluding the possibility of challenging the appointment decisions taken in the context of those selection procedures – Inseparable nature of those rejection decisions and those appointment decisions – Rejection of the claim for annulment of the other rejection decision and, consequently, dismissal of that action in its entirety) 1. Actions brought by officials – Interest in bringing proceedings – Action brought against a decision rejecting an application for a vacancy – Decision inseparable from that appointing another official – Existence of an amicable settlement prohibiting the decision appointing another official to that position from being challenged – Inadmissibility (Staff Regulations of Officials, Arts 90 and 91) (see paragraphs 23-26) 2. Fundamental rights – Right to effective judicial protection – Review of legality of EU measures – Conditions of admissibility of an action before the Court – Interpretation in the light of the values and fundamental rights of EU law – Amendment of the system of judicial review laid down by the Treaties – Not permissible (Charter of Fundamental Rights of the European Union, Art. 47) (see paragraphs 35-37) Operative part The Court: 1. Dismisses the appeal; 2. Orders Mr Jean-Marc Colombani to pay the costs. 1 OJ C 482, 19.12.2022.