Case F-44/05: Judgment of the Civil Service Tribunal (Second Chamber) of 25 September 2008 — Guido Strack v Commission (Staff case — Officials — Recruitment — Vacancy notice — Rejection of candidature — Action for annulment and for damages — Admissibility — Interest in bringing proceedings — Retirement — Preselection comittee — Composition — Temporal application of new provisions — Independence — Impartiality — Notification of a decision)
Date: 2008-09-25
Institutions: Civil Service Tribunal
Subjects: EC conformity marking, action for annulment, admissibility, interest in bringing an action, recruitment, supplementary pension

C 285/54

EN

Official Journal of the European Union

8.11.2008

EUROPEAN UNION CIVIL SERVICE TRIBUNAL

Judgment of the Civil Service Tribunal (Second Chamber)
of 25 September 2008 — Guido Strack v Commission

6. Orders the Commission of the European Communities to pay its

own costs and half of the costs incurred by Mr Strack.

(Case F-44/05) (1)

(Staff case — Officials — Recruitment — Vacancy notice —
Rejection of candidature — Action for annulment and for
damages — Admissibility — Interest in bringing proceedings
— Retirement — Preselection comittee — Composition —
Temporal application of new provisions — Independence —
Impartiality — Notification of a decision)

(2008/C 285/96)

Language of the case: French

Parties

Applicant: Guido Strack (Cologne, Germany) (represented by: J.
Mosar initially, then by M. Wehrheim, then by F. Gengler, lastly
by P. Goergen, lawyers)

Defendant: Commission of the European Communities (repre-
sented by: G. Berscheid and H. Kraemer, acting as Agents)

(1) OJ C 205, 20.8.2005. p. 28 (Case initially registered before the
Court of First Instance of the European Communities under number
T-225/05 and transferred to the Civil Service Tribunal of
the
European Union by order of 15.12.2005).

Judgment of the Civil Service Tribunal (Third Chamber) of
11 September 2008 — Coto Moreno v Commission

(Case F-127/07) (1)

(Staff case — Officials — Open competition — Non-inclu-
sion on the reserve list of successful candidates — Assessment
of written and oral tests)

(2008/C 285/97)

Language of the case: French

Re:

Parties

the Commission's decision to
Application for annulment of
reject the applicant's candidature for the post of head of the
‘Calls for tender and contracts’ unit and to appoint another
candidate to that post and, secondly, an application for damages

Applicant:
(represented by: K. Lemmens and C. Doutrelepont, lawyers)

Juana Maria Coto Moreno (Gaborone, Botswana)

Defendant: Commission of the European Communities (repre-
sented by: B. Eggers and M. Velardo, Agents)

Operative part of the judgment

The Tribunal:

1. Dismisses the application for annulment of the decision to appoint
Mr A to the post of head of the ‘Calls for tender and contracts’
unit of the Publications Office of the European Communities as
inadmissible;

2. Annuls the decision to reject the candidature of Mr Strack for the
post of head of the ‘Calls for tender and contracts’ unit of the Publi-
cations Office of the European Communities;

3. Orders the Commission of the European Communities to pay the

applicant EUR 2 000 by way of damages;

4. Dismisses the action as to the remainder;

5. Orders Mr Strack to bear half of his own costs;

Re:

Annulment of the decision of the selection board of competi-
tion EPSO AD/25/05 of 12 February 2007 not to include the
applicant's name on the reserve list of successful candidates for
that competition — Claim for damages.

Operative part of the judgment

The Tribunal:

1. Dismisses Ms Coto Moreno's action;

2. Orders that each party shall bear its own costs.

(1) OJ C 22, 26.1.2008, p. 57.