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Case T-561/16: Judgment of the General Court of 25 January 2018 — Galocha v Joint Undertaking Fusion for Energy (Civil Service — Members of contract staff — Selection procedure for the Joint Undertaking Fusion for Energy — Reserve lists — Irregularity of the selection procedure — Subsequent measures intended for third parties — Interest of third parties — Interest of the service)
ECLI:EU:UNKNOWN:62016TA0561
62016TA0561
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Valentina R., lawyer
12.3.2018
Official Journal of the European Union
C 94/20
(Case T-561/16) (<span class="super note-tag">1</span>)
((Civil Service - Members of contract staff - Selection procedure for the Joint Undertaking Fusion for Energy - Reserve lists - Irregularity of the selection procedure - Subsequent measures intended for third parties - Interest of third parties - Interest of the service))
(2018/C 094/26)
Language of the case: Spanish
Applicant: Yosu Galocha (Madrid, Spain) (represented by: A. Asmaryan Degtyareva and R-B. Dan, lawyers)
Defendant: European Joint Undertaking for ITER and the Development of Fusion Energy (represented by: R. Hanak, G. Poszler and S. Bernal Blanco, acting as Agents, and D. Waelbroeck and A. Duron, lawyers)
Re:
Application on the basis of Article 270 TFEU seeking, in particular, the annulment of the decision of the selection board, notified by the e-mail of the Head of Unit of Human Resources of the European Joint Undertaking for ITER and the Development of Fusion Energy of 4 June 2015, not to include the applicant’s name in the reserve lists of selection procedure F4E/CA/ST/FGIV/2015/001, the annulment of those reserve lists and the annulment of the decisions to appoint the successful candidates included in those lists.
Operative part of the judgment
The Court:
1.Annuls the decision of the selection board, notified by the e-mail of the Head of Unit of Human Resources of the European Joint Undertaking for ITER and the Development of Fusion Energy of 4 June 2015, not to include the name of Mr Yosu Galocha in the reserve lists of selection procedure F4E/CA/ST/FGIV/2015/001;
2.Annuls the reserve lists of selection procedure F4E/CA/ST/FGIV/2015/001;
3.Annuls the decisions of the European Joint Undertaking for ITER and the Development of Fusion Energy to appoint the successful candidates included in the reserve lists of selection procedure F4E/CA/ST/FGIV/2015/001;
4.Dismisses the remainder of the action;
5.Orders the European Joint Undertaking for ITER and the Development of Fusion Energy to pay the costs, including those incurred in the interlocutory proceedings.
(<span class="note"> <a id="ntr1-C_2018094EN.01002002-E0001" href="#ntc1-C_2018094EN.01002002-E0001">*1</a> </span>) OJ C 328, 5.10.2015 (case initially registered before the European Union Civil Service Tribunal under number F-117/15 and transferred to the General Court of the European Union on 1.9.2016).