Information;Judgment — ECLI:EU:T:2021:74
Date: 2021-02-10
Language of the case: Italian
Court formation: Fourth Chamber
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Procedure: Staff cases - unfounded;Action for damages - unfounded

Judgment of the General Court (Fourth Chamber) of 10 February 2021 – Spadafora v Commission (Case T‑130/19) (Civil service – Officials – Vacancy notice – Post of head of unit – Rejection of application – Middle managers – Principle of impartiality – Responsibility) 1. Acts of the institutions – Presumption of lawfulness – Information capable of calling legality of an act into question – Burden of proof (Art. 288 TFEU) (see paras 51, 52) 2. EU institutions – Protection of individuals with regard to the processing of personal data – Regulation No 45/2001 – Processing of personal data – Collection of data in the context of a selection procedure for a vacant post in the European civil service – Whether permissible (European Parliament and Council Regulation No 45/2001, Art. 5) (see paras 54-57) 3. Officials – Decision adversely affecting an official – Rejection of an application – Obligation to state reasons at the latest at the stage of rejection of the complaint (Staff Regulations of Officials, Art. 25, second para.) (see para. 58) 4. Officials – Vacancy – Consideration of the comparative merits of candidates – Administration’s discretion – Judicial review – Limits (Staff Regulations of Officials, Arts 7 and 29) (see paras 62, 63) 5. Actions brought by officials – Judgment annulling a measure – Effects – Adoption of measures of compliance – Annulment, on the ground of procedural error, of a decision of appointment to a vacant post – Adoption of an identical act complying with the procedural rules – Whether permissible – Need to provide for retroactive effect to the appointment – None (Art. 266 TFEU) (see paras 82, 90, 91) 6. Officials – Vacancy – Consideration of the comparative merits of candidates – Administration’s discretion – Resumption of the procedure following the annulment of the appointment decision by the Courts of the European Union – Taking into account of the experience and qualifications acquired by the candidates during the period between the two vacancy notices – Whether permissible (Staff Regulations of Officials, Arts 7 and 29) (see para. 93) Re: Application under Article 270 TFEU seeking, first, annulment of the decision of the European Anti-Fraud Office (OLAF) of 18 May 2018 appointing CC as head of the [confidential] unit of the [confidential] Directorate and, second, an order that the Commission pay compensation in respect of the material and non-material damage allegedly suffered by the applicant as a result of that decision. Operative part The Court: 1. Dismisses the action; 2. Orders Mr Sergio Spadafora to bear his own costs and pay those incurred by the European Commission and CC.