24.1.2022

Official Journal of the European Union

C 37/10

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(Case C-613/21 P)

(2022/C 37/15)

Language of the case: French

Parties

Appellant: European Parliament (represented by: I. Terwinghe, C. González Argüelles, R. Schiano, acting as Agents)

Other party to the proceedings: Fernando Carbajo Ferrero

Form of order sought

The appellant claims, principally, that the Court of Justice should:

—set aside the judgment of 14 July 2021 of the General Court in Case T-670/19;

—refer the case back to the General Court;

—reserve the costs.

The appellant claims, in the alternative, that the Court of Justice should:

—set aside the judgment of 14 July 2021 of the General Court in Case T-670/19;

—dismiss the action brought at first instance;

—order Mr Carbajo Ferrero to pay all costs.

Pleas in law and main arguments

The first ground of appeal is based on, first, errors of law relating to the interpretation of the decision laying down the stages of the selection procedure of senior officials of 16 May 2020, as amended by the decision of the Bureau of 18 February 2008, and the interpretation of the principles of equal treatment and transparency and, second, a distortion of the facts. The Parliament submits that the General Court erred in finding that the procedure for the appointment of the Director for Media of the Directorate-General for Communication was carried out in an improper manner, in that the Advisory Committee for the appointment of senior officials failed to use the same criteria for the comparative analysis of merits throughout the procedure.

By the second ground based on an error of law and distortion of the facts and evidence, the Parliament claims that the General Court misconstrued the function of the report on the interviews, compiled by the Advisory Committee, and erred in finding that the Appointing Authority did not correctly take account of the professional experience of the appellant.

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