Judgment of the Civil Service Tribunal (Single Judge) of 14 June 2016 — Fernández González v Commission
(Case F-121/15) 1
(Civil service — Temporary member of staff — Staff member posted in the cabinet of a European commissioner — Recruitment of a temporary member of staff under Article 2(b) of the CEOS — Condition requiring a six-month break from any form of employment with the Commission — Point 3.2 of Commission Note D(2005)18064 of 28 July 2005 on the hiring of temporary members of staff under Article 2(b) and (d) of the CEOS to fill permanent posts in the event that no candidates are shortlisted following a competition)
Language of the case: French
Parties
Applicant: Elia Fernández González (Brussels, Belgium) (represented by: M. Casado García-Hirschfeld and É. Boigelot, lawyers)
Defendant: European Commission (represented by: C. Berardis-Kayser and G. Berscheid, acting as Agents, and D. Waelbroeck and A. Duron, lawyers)
Re:
Application for annulment of the decision rejecting the applicant’s candidature for the post advertised in the vacancy notice COM/2014/2036, on the basis of the failure to comply with the condition requiring a six-month break between contracts prior to the recruitment of a member of staff who has previously been employed under a contract at grade AT2c, as provided for in note D(2005)18064 of 28 July 2005 of DG HR, and for compensation in respect of the material and non-material damage which the applicant claims to have suffered.
Operative part of the judgment
The Tribunal:
Dismisses the action;
Orders the European Commission to bear its own costs and to pay those incurred by Ms Elia Fernández González.
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1 OJ C 354, 26.10.2015, p. 57.