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Case F-59/14: Judgment of the Civil Service Tribunal (First Chamber) of 19 May 2015 — Brune v Commission (Civil Service — Open competition EPSO/AD/26/05 — Non-inclusion on the reserve list — Annulment by the General Court — Article 266 TFEU — Organisation of another oral test — Refusal by the candidate to participate — New decision not to include the candidate on the reserve list — Action for annulment — Dismissal — Judgment of the General Court upheld on appeal — Later application for compensation — Observance of reasonable time-limit)

ECLI:EU:UNKNOWN:62014FA0059

62014FA0059

May 19, 2015
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29.6.2015

Official Journal of the European Union

C 213/44

(Case F-59/14) (<span class="super">1</span>)

((Civil Service - Open competition EPSO/AD/26/05 - Non-inclusion on the reserve list - Annulment by the General Court - Article 266 TFEU - Organisation of another oral test - Refusal by the candidate to participate - New decision not to include the candidate on the reserve list - Action for annulment - Dismissal - Judgment of the General Court upheld on appeal - Later application for compensation - Observance of reasonable time-limit))

(2015/C 213/72)

Language of the case: German

Parties

Applicant: Markus Brune (Bonn, Germany) (represented by: H. Mannes, lawyer)

Defendant: European Commission (represented by: J. Currall and G. Gattinara, acting as Agents, B. Wägenbaur, lawyer)

Re:

Claim for damages to compensate the alleged loss of an opportunity to be recruited to a position in the EU, based on the judgment in Case F-5/08.

Operative part of the judgment

The Tribunal:

1.Orders the European Commission to pay Mr Brune, on account of the non-pecuniary loss incurred between 6 March 2007 and 4 February 2011, the sum of EUR 4 000, plus default interest from 17 April 2013 at a rate applied by the European Central Bank for main refinancing operations over the period concerned and increased by two points;

2.Dismisses the action as to the remainder;

3.Orders the European Commission to bear its own costs and 50 % of the costs incurred by Mr Brune;

4.Orders Mr Brune to bear 50 % of his own costs.

(<span class="super">1</span>) OJ C 431, 1.12.2014, p. 48.

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