do-me/EUR-LEX huggingface dataset:
Case F-71/07: Order of the Civil Service Tribunal of 28 November 2007 — Karatzoglou v European Agency for Reconstruction (EAR)
Date: 2007-10-28
Institutions: Civil Service Tribunal
Subjects: European Agency for Reconstruction, action by staff, personnel administration, servant (EU), termination of a contract, work contract

C 22/58

EN

Official Journal of the European Union

26.1.2008

Pleas in law and main arguments

The applicant participated in the EPSO/AD/28/05 competition.
The competition selection board refused to include the applicant
in the reserve list
that competition by decision of
12 February 2007, which the applicant seeks to have annulled.

for

In support of her action, the applicant raises four pleas in law:

The first plea alleges, principally, a manifest error of appraisal
either alone or in conjunction with a failure to state reasons
and/or breach of the principle patere legem quam ipse fecisti. The
selection board, whose position in that regard is ambiguous,
took the view that the applicant gave ‘sufficient’ answers which
nevertheless had weak points. That was manifestly not the case,
particularly as the applicant answered in accordance with the
Commission rules.

The second plea alleges, also principally, breach of the notice of
competition and of the principle of equality either alone or in
conjunction with compliance with the principle of reasonable-
ness.

The third plea, also principally, alleges breach of the duty to
state reasons in that the applicant clearly asked the selection
board why an answer which she gave in the oral test was
considered incorrect or at least insufficient. The applicant has
not received any response despite the duty to state reasons.

Finally and in the alternative, the applicant alleges a manifest
error of appraisal either alone or in conjunction with the prin-
ciple of equality and the principle of proportionality. The mark
awarded was,
in addition, disproportionate in relation to the
results (she was given the mark of 25/50) and is in breach of
the principle of equality since the applicant was treated like any
other candidate who gave answers considered sufficient, not
only with regard to knowledge but also with regard to other
criteria.

Order of the Civil Service Tribunal of 5 December 2007 —
Moschonaki v European Foundation for the Improvement
of Living and Working Conditions (EUROFOUND)

(Case F-3/07) (1)

(2008/C 22/112)

Language of the case: French

The President of the First Chamber has ordered that the case be
removed from the register.

(1) OJ C 56, 10.3.2007, p. 43.

Order of the Civil Service Tribunal of 28 November 2007
— Karatzoglou v European Agency for Reconstruction
(EAR)

(Case F-71/07) (1)

(2008/C 22/113)

Language of the case: English

The President of the First Chamber has ordered that the case be
removed from the register.

(1) OJ C 269, 10.11.2007, p. 70.