Case F-16/07: Judgment of the Civil Service Tribunal (Third Chamber) of 30 April 2008 — Dragoman v Commission (Staff case — Competition — Selection Board — Principle of impartiality of the Selection Board — Article 11a of the Staff Regulations — Equal treatment of internal and external candidates — Exclusion of a candidate — Duty to state reasons — Scope — Respect for the secrecy of the deliberations of the selection board)
Date: 2008-04-30
Institutions: Civil Service Tribunal
Subjects: European Commission, action for annulment (EU), competition (EU), discrimination on the basis of nationality, staff regulations (EU)

21.6.2008

EN

Official Journal of the European Union

C 158/23

EUROPEAN UNION CIVIL SERVICE TRIBUNAL

Judgment of the Civil Service Tribunal (Third Chamber) of
8 May 2008 — Suvikas v Council

4. Dismisses the action as to the remainder;

5. Orders the Council of the European Union to pay the costs.

(Case F-6/07)

(Staff case — Members of the temporary staff — Preliminary
plea — Confidential documents — Documents obtained
unlawfully — Removal of documents — Recruitment —
Vacant post — Unlawful rejection of candidature — Annul-
ment — Action for damages — Loss of the opportunity to be
recruited — Equitable assessment)

(2008/C 158/39)

Language of the case: French

Parties

Applicant: Risto Suvikas (Helsinki, Finland)
M.-A. Lucas, lawyer)

(represented by:

Defendant: Council of
M. Arpio Santacruz and I. Šulce, Agents)

the European Union (represented by:

Re:

the decision of

First, annulment of
the Advisory Selection
Committee not to include the applicant's name on the list of the
best candidates for selection in relation to Council notice of
vacancy B/024 and, second, annulment of that list and the
Council decisions to recruit the candidates whose names were
included therein to the posts to be filled and not to recruit the
applicant — Claim for damages.

Operative part of the judgment

The Tribunal:

1. Orders that the documents produced by Mr Suvikas in Annex A 14

to A 16 to the application be removed from the case file;

2. Annuls

the

decision

of
the
20 February 2006 not to include Mr Suvikas on the list of the
best candidates following the selection of Council/B/024 members
of the temporary staff;

contracting

authority

of

3. Orders the Council of the European Union to pay to Mr Suvikas
the sum of EUR 20 000 to compensate him for the material
damage which he has suffered;

Judgment of the Civil Service Tribunal (Third Chamber) of
30 April 2008 — Dragoman v Commission

(Case F-16/07)

(Staff case — Competition — Selection Board — Principle of
impartiality of the Selection Board — Article 11a of the Staff
Regulations — Equal
treatment of internal and external
candidates — Exclusion of a candidate — Duty to state
reasons — Scope — Respect for the secrecy of the delibera-
tions of the selection board)

(2008/C 158/40)

Language of the case: Romanian

Parties

Applicant: Adriana Dragoman (Brussels, Belgium)
by: G.-F. Dinulescu, lawyer)

(represented

Defendant: Commission of the European Communities (repre-
sented by: K. Herrmann, F. Telea and M. Velardo, Agents)

Re:

Annulment of the decisions of the selection board of competi-
tion EPSO/AD/34/05 (for the constitution of a reserve list for
the recruitment of Romanian-speaking conference interpreters)
to award the applicant a mark for the first interpreting test
which did not permit her to be admitted to the subsequent tests
of that competition — Plea of illegality in respect of Article 6 of
Annex III of the Staff Regulations.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders each party to bear its own costs.