JUDGMENT OF THE CIVIL SERVICE TRIBUNAL

(Second Chamber)

15 April 2010

Angel Angelidis

v

European Parliament

‛Civil service — Officials — Vacant post — Execution of a judgment annulling the appointing decision — New notice of vacancy — Legitimate expectations — Principle of officials’ entitlement to a career — Equal treatment — Principle of sound administration — Duty to have regard to the welfare of officials — Manifest error of assessment — Misuse of powers’

Application:

brought under Articles 236 EC and 152 EA, in which Mr Angelidis seeks, first, annulment of notice of vacancy No 12564 concerning the post of Director of the Budgetary Affairs Directorate of the Parliament’s Directorate-General for Internal Policies of the European Union, of the decisions appointing Ms V to that post and rejecting his candidacy for the post, and of the decisions rejecting his complaints against those decisions; second, an order that the Parliament pay damages in compensation for the loss allegedly suffered as a result of the above contested decisions; and lastly, in any event, his appointment to the grade of Director ‘ad personam’.

Held:

The Parliament is ordered to pay the applicant the sum of EUR 1 000. The remainder of the action is dismissed. The Parliament is to bear its own costs and to pay one third of the applicant’s costs. The applicant is to bear two thirds of his own costs.

Summary

Officials — Actions — Action against a decision rejecting a complaint — Admissibility (Staff Regulations, Arts 90 and 91) Actions for annulment — Judgment annulling a measure — Effects — Obligation to implement — Scope (Art. 233 EC) Officials — Actions — Judgment annulling a measure — Effects — Annulment of a decision to appoint an official — Obligations of the administration (Art. 233 EC; Staff Regulations, Art. 91) Officials — Recruitment — Criteria — Interests of the service — Administration’s discretion Officials — Vacancy notice — Purpose — Consideration of candidates’ comparative merits (Staff Regulations, Art. 29) Officials — Actions — Pleas in law — Misuse of powers — Definition

JUDGMENT OF THE CIVIL SERVICE TRIBUNAL

(Second Chamber)

15 April 2010

Angel Angelidis

v

European Parliament

‛Civil service — Officials — Vacant post — Execution of a judgment annulling the appointing decision — New notice of vacancy — Legitimate expectations — Principle of officials’ entitlement to a career — Equal treatment — Principle of sound administration — Duty to have regard to the welfare of officials — Manifest error of assessment — Misuse of powers’

Application:

brought under Articles 236 EC and 152 EA, in which Mr Angelidis seeks, first, annulment of notice of vacancy No 12564 concerning the post of Director of the Budgetary Affairs Directorate of the Parliament’s Directorate-General for Internal Policies of the European Union, of the decisions appointing Ms V to that post and rejecting his candidacy for the post, and of the decisions rejecting his complaints against those decisions; second, an order that the Parliament pay damages in compensation for the loss allegedly suffered as a result of the above contested decisions; and lastly, in any event, his appointment to the grade of Director ‘ad personam’.

Held:

The Parliament is ordered to pay the applicant the sum of EUR 1 000. The remainder of the action is dismissed. The Parliament is to bear its own costs and to pay one third of the applicant’s costs. The applicant is to bear two thirds of his own costs.

Summary