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Case T-676/22: Judgment of the General Court of 10 July 2024 – Giuffrida v European Public Prosecutor’s Office (Law governing the institutions – Enhanced cooperation on the establishment of the European Public Prosecutor’s Office – Regulation (EU) 2017/1939 – Appointment of European Delegated Prosecutors to the European Public Prosecutor’s Office – Refusal to appoint one of the candidates nominated by a Member State – Article 1(2) of Decision No 13/2020 – Opinion of the working group – Obligation to state reasons – Non-contractual liability – Material and non-material damage – Causal link)
ECLI:EU:UNKNOWN:62022TA0676
62022TA0676
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Official Journal of the European Union
C series
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C/2024/5095
26.8.2024
(Case T-676/22)
(Law governing the institutions - Enhanced cooperation on the establishment of the European Public Prosecutor’s Office - Regulation (EU) 2017/1939 - Appointment of European Delegated Prosecutors to the European Public Prosecutor’s Office - Refusal to appoint one of the candidates nominated by a Member State - Article 1(2) of Decision No 13/2020 - Opinion of the working group - Obligation to state reasons - Non-contractual liability - Material and non-material damage - Causal link)
(C/2024/5095)
Language of the case: Italian
Parties
Applicant: Carmela Giuffrida (Catania, Italy) (represented by: S. Petillo, lawyer)
Defendant: European Public Prosecutor’s Office (represented by: C. Charalambous and M. Simonato, acting as Agents)
Re:
By her action, the applicant seeks, first, on the basis of Article 263 TFEU, the annulment of Decision No 38/2022 of the European Public Prosecutor’s Office of 14 September 2022 dismissing her application for the position of European Delegated Prosecutor in the Italian Republic and, secondly, on the basis of Article 268 TFEU, compensation for the material and non-material damage she claims to have suffered as a result.
Operative part of the judgment
The Court:
1.Annuls Decision No 38/2022 of the European Public Prosecutor’s Office of 14 September 2022 dismissing the application of Ms Carmela Giuffrida for the position of European Delegated Prosecutor in the Italian Republic;
2.Dismisses the action as to the remainder;
3.Orders the European Public Prosecutor’s Office to pay the costs.
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Language of the case: Italian.
ELI: http://data.europa.eu/eli/C/2024/5095/oj
ISSN 1977-091X (electronic edition)
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(1) OJ C 7, 9.1.2023.
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ECLI:EU:C:2025:140
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