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Case T-40/23: Judgment of the General Court of 7 February 2024 — Hatherly v EUAA (Civil service — Staff of the EUAA — Recruitment — Vacancy notice — Selection procedure for posts of assistants — Job offer — Condition relating to level of post-secondary education attested by a diploma and appropriate professional experience acquired after having obtained the diploma — Withdrawal of job offer — Error of assessment — Equal treatment — Proportionality — Liability)

ECLI:EU:UNKNOWN:62023TA0040

62023TA0040

February 7, 2024
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Official Journal of the European Union

C series

C/2024/2302

(Case T-40/23) (1)

(Civil service - Staff of the EUAA - Recruitment - Vacancy notice - Selection procedure for posts of assistants - Job offer - Condition relating to level of post-secondary education attested by a diploma and appropriate professional experience acquired after having obtained the diploma - Withdrawal of job offer - Error of assessment - Equal treatment - Proportionality - Liability)

(C/2024/2302)

Language of the case: English

Parties

Applicant: Xavier James Hatherly (Hamrun, Malta) (represented by: A. Grima, lawyer)

Defendant: European Union Agency for Asylum (EUAA) (represented by: P. Eyckmans, M. Stamatopoulou and D. Testa, acting as Agents, and by T. Bontinck and A. Guillerme, lawyers)

Re:

By his action under Article 270 TFEU, the applicant seeks, first, annulment of the decision of 8 April 2022 of the European Union Agency for Asylum (EUAA) to withdraw the job offer made to him for the post of Administrative Assistant (Selection Procedure EASO/2021/TA/007) and the decision of 3 November 2022 to reject his complaint and, second, compensation for the loss of earnings suffered by him to date.

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders each party to bear its own costs.

(1) OJ C 127, 11.4.2023.

ELI: http://data.europa.eu/eli/C/2024/2302/oj

ISSN 1977-091X (electronic edition)

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