Judgment of the General Court of 1 February 2023 – TJ v EEAS
(Case T-365/21) 1
(Civil service – EEAS staff – Recruitment – Vacancy notice – Rejection of application – Article 98 of the Staff Regulations – Concept of ‘staff from national diplomatic services of the Member States’ – Liability)
Language of the case: English
Parties
Applicant: TJ (represented by: A. Véghely, V. Luszcz and D. Karsai, lawyers)
Defendant: European External Action Service (represented by: S. Marquardt and R. Spáč, acting as Agents, and by M. Troncoso Ferrer, F.-M. Hislaire and L. Lence de Frutos, lawyers)
Re:
By his action under Article 270 TFEU, the applicant seeks, first, annulment of the decision of the European External Action Service (EEAS) of 4 September 2020 rejecting his application for the post of [confidential] and of the decision of 23 July 2020 by which A was appointed to that post and, secondly, compensation for the material and non-material damage he claims to have suffered as a result.
Operative part of the judgment
The Court:
Annuls the decision of 4 September 2020 of the European External Action Service (EEAS) rejecting TJ’s application submitted pursuant to the vacancy notice [confidential];
Annuls the decision of 23 July 2020 of the EEAS appointing A to that post;
Dismisses the action as to the remainder;
Orders the EEAS to bear its own costs and to pay those incurred by TJ.
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1     OJ C 368, 13.9.2021.