Case F-121/05: Judgment of the Civil Service Tribunal (Second Chamber) of 14 June 2007 — De Meerleer v Commission (Staff case — Officials — Open Competition — Non-admission to the written tests — Professional experience — Obligation to state reasons — Communication of the decision of the selection board — Request for re-examination)
Date: 2007-07-21
Institutions: Civil Service Tribunal
Subjects: European Commission, action for annulment (EU), competition (EU), professional experience

C 170/42

EN

Official Journal of the European Union

21.7.2007

EUROPEAN UNION CIVIL SERVICE TRIBUNAL

Judgment of the Civil Service Tribunal (Second Chamber)
of 14 June 2007 — De Meerleer v Commission

Action brought on 18 May 2007 — Tzirani v Commission
of the European Communities

(Case F-121/05) (1)

(Staff case — Officials — Open Competition — Non-admis-
sion to the written tests — Professional experience — Obliga-
tion to state reasons — Communication of the decision of the
selection board — Request for re-examination)

(Case F-46/07)

(2007/C 170/81)

Language of the case: French

(2007/C 170/80)

Language of the case: French

Parties

Applicant: Marie Tzirani (Brussels, Belgium) (represented by: E.
Boigelot, lawyer)

Defendant: Commission of the European Communities

Parties

Applicant: Michel De Meerleer
Belgium) (represented by: E. Boigelet, lawyer)

(Ophain-Bois-Seigneur-Isaac,

Form of order sought

Defendant: Commission of the European Communities (repre-
sented by: C. Berardis-Kayser and K. Herrmann, Agents)

— Annul

the decision of

the European Commission of
30 August 2006 to reappoint Mr X to the post of Director
the Directorate ‘Staff Regulations: Policy, Management
of
and Advisory Services’ of the Directorate-General ‘Personnel
and Administration’ and consequently to reject the appli-
cant's candidature for that post;

Re:

the decisions of

First, annulment of
the Selection Board in
competition EPSO/A/19/04 not to accept the applicant's candi-
dature and not to reach a decision on his request for re-exami-
nation, and second, an application for damages

— Order the defendant to pay, in compensation for non-mate-
rial and material damage and impairment to the applicant's
career, a sum of EUR 25 000, with interest at the rate of
7 % per annum since 29 November 2006, the date of the
complaint;

— Order the defendant to pay the costs.

Pleas in law and main arguments

Operative part of the judgment

The Tribunal:

1. Dismisses the application;

2. Orders the parties to bear their own costs.

(1) OJ C 60, 11.3.2006, p. 52.

after

applicant,

requesting

and obtaining,

The
in Case
T-45/04 (1), the annulment of the decision of the Commission
of 21 January 2003 to appoint Mr X to the above-mentioned
post, now challenges the lawfulness of the procedure according
to which,
the Commission reap-
following this annulment,
pointed the same person to the post in question.

In support of her action, the applicant pleads first the infringe-
ment of Article 233 EC, as a result of the Commission failing to
take the necessary measures to comply with the judgment of
the Court of First Instance. According to the applicant, the
procedure should have been reopened not only at the final stage
of the interview with the Commissioner but already at the stage
of the checking of the eligibility of the candidates in the light of
the criteria established by the vacancy notice.