Case T-73/10 P: Appeal brought on 17 February 2010 by Apostolov against the Order of the European Union Civil Service Tribunal made on 15 December 2009 in case Apostolov v Commission, F-8/09
Date: 2010-02-17
Institutions: General Court
Subjects: Civil Service Tribunal, EPSO, European Commission, action for annulment (EU), competition (EU), ordinance, staff assessment








C_2010100EN.01006301.xml










17.4.2010   


EN


Official Journal of the European Union


C 100/63





Appeal brought on 17 February 2010 by Apostolov against the Order of the European Union Civil Service Tribunal made on 15 December 2009 in case Apostolov v Commission, F-8/09
(Case T-73/10 P)
2010/C 100/93
Language of the case: English

Parties


Appellant: Svetoslav Apostolov (Saarwellingen, Germany) (represented by: D. Schneider-Addae-Mensah, lawyer)

Other party to the appeal proceedings: European Commission

Form of order sought by the appellant







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annul the Order of the European Union Civil Service Tribunal (First Chamber), dated 15 December 2009 in Case F-8/09;










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annul the decision of the European Commission contained in the letter dated 23 October 2008;










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oblige the European Commission and its specialised services, mainly the European Personnel Selection Office (EPSO), to count the answers given by the appellant to questions 9, 30 and 32 of the competency test of 14 December 2007 as correct;










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in the subsidiary, allow the appellant to pass again the competency test;










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in the subsidiary to the second, third and fourth orders sought above, remand the present case to the European Union Civil Service Tribunal; and










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order the European Commission to pay the costs of the present proceedings and of the proceedings before the European Union Civil Service Tribunal.





Pleas in law and main arguments

By the present appeal, the appellant seeks to have set aside the Order to the European Union Civil Service Tribunal (EUCST) of 15 December 2009, delivered in Case F-8/09 Apostolov v Commission, by which the EUCST dismissed as inadmissible the action by which the appellant had sought annulment of a decision of the Commission of 21 October 2008 by which the European Personnel Selection Office (EPSO) dismissed his complaint against the decision of 25 April 2008 informing him that the marks he had been given in the selection tests held in connection with the call for expression of interest EPSO/CAST27/4/07 were not sufficient for him to be included in the database of eligible candidates.
In support of his appeal, the appellant submits, principally, that there was confusion as far as the time-limit for his application was concerned and that, as a result, there was an excusable error which rendered the application filed by the appellant with the EUCST on 9 July 2009 admissible.
The appellant also submits that EPSO has committed a manifest error of appreciation of certain answers given by the appellant in the framework of the selection tests held in connection with the call for expression of interest EPSO/CAST27/4/07. The appellant further submits that EPSO had chosen a completely wrong procedure of testing candidates in order to ensure a correct selection procedure.