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Joined Cases T-515/14 P and T-516/14 P: Judgment of the General Court of 12 November 2015 — Alexandrou v Commission (Appeal — Civil Service — Recruitment — Competition notice EPSO/AD/231/12 — Non-admission to the assessment tests — Obligation to state reasons — Access to documents — Refusal of the request for access to the multiple-choice questions posed in the admission tests — Confidential nature of the Selection Board Proceedings — Regulation (EC) No 1049/2001 — Competence of the Civil Service Tribunal — Article 270 TFEU — Concept of act adversely affecting an official — Article 90(2) of the Statute)
ECLI:EU:UNKNOWN:62014TA0515
62014TA0515
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Valentina R., lawyer
11.1.2016
Official Journal of the European Union
C 7/25
(Joined Cases T-515/14 P and T-516/14 P)
((Appeal - Civil Service - Recruitment - Competition notice EPSO/AD/231/12 - Non-admission to the assessment tests - Obligation to state reasons - Access to documents - Refusal of the request for access to the multiple-choice questions posed in the admission tests - Confidential nature of the Selection Board Proceedings - Regulation (EC) No 1049/2001 - Competence of the Civil Service Tribunal - Article 270 TFEU - Concept of act adversely affecting an official - Article 90(2) of the Statute))
(2016/C 007/34)
Language of the case: French
Parties
Appellant: Christodoulos Alexandrou (Luxembourg, Luxembourg) (represented by: R. Duta, lawyer)
Other party to the proceedings: European Commission (represented by: J. Currall and G. Gattinara, acting as Agents)
Re:
Two appeals against the judgments of the Civil Service Tribunal of the European Union (Third chamber) of 14 May 2014 in Alexandrou v Commission (F-34/13, ECR-SC, EU:F:2014:93 and F-140/12, ECR-SC, EU:F:2014:94), seeking to have those judgments set aside.
Operative part of the judgment
The Court:
1.Dismisses the appeal in case T-516/14 P;
2.Sets aside, in part, in case T-515/14 P, the judgment of the Civil Service Tribunal of 14 May 2014 in Alexandrou v Commission (F-34/13) to the extent that it:
—did not give a response to the first plea in law, in so far as it alleged failure to state reasons, in that the particular circumstances would have justified giving Mr Christodoulos Alexandrou access to the questions at issue;
—rejected the fourth plea in law;
3.Dismisses the remainder of the appeal in case T-515/14 P;
4.Dismisses the action in case F-34/13 in so far as it is based, first, on the failure to state reasons in the contested decisions in that Mr. Alexandrou raised individual circumstances justifying his access to the questions at issue and, secondly, on the plea in law alleging infringement of the right to a fair trial, alternatively, to an effective remedy;
5.Orders each party in case T-516/14 P to bear its own costs;
6.Orders each party in case T-515/14 P to bear its own costs.
(1) OJ C 292, 1.9.2014.