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Case T-1184/23: Action brought on 22 December 2023 — LD v Commission
ECLI:EU:UNKNOWN:62023TN1184
62023TN1184
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Official Journal of the European Union
EN
Series C
C/2024/1425
19.2.2024
(Case T-1184/23)
(C/2024/1425)
Language of the case: Italian
Parties
Applicant: LD (represented by: M. Velardo, lawyer)
Defendant: European Commission
Form of order sought
The applicant claims that the Court should:
—annul the decision of 22 March 2023 by which the applicant was not included on the reserve list for competition EPSO/AD/371/19, as she obtained a mark of 98/180, insufficient to attain the threshold of 124/180;
—annul the decision of 22 May 2023 rejecting the request for review of the exclusion from competition EPSO/AD/371/19;
—annul the decision of the appointing authority of 12 October 2023 by which the administrative appeal of 12 June 2023 brought under Article 90(2) of the Staff Regulations was rejected implicitly, following the four-month silence maintained by the Institution running from the date on which the internal action was brought;
—order the Commission to pay the costs.
Pleas in law and main arguments
In support of the action, the applicant relies on five pleas in law.
1.First plea, alleging infringement of Article 27 of the Staff Regulations and breach of equal treatment of candidates.
2.Second plea, alleging breach of the principle of equal treatment of candidates. Absence of objective assessment of the candidates and infringement of Article 5(1) and (3) of Annex III to the Staff Regulations.
3.Third plea, alleging infringement of the obligation to state reasons and of the related principle of equality of the parties to proceedings (Article 47 of the Charter of Fundamental Rights).
4.Fourth plea, alleging infringement of Article 5(5) and (6) of Annex III to the Staff Regulations. Infringement of the rules on the composition of the Selection Board.
5.Fifth plea, alleging breach of the principle of equality of candidates and lack of objectivity in the assessments due to the lack of stability of the Selection Board.
ELI: http://data.europa.eu/eli/C/2024/1425/oj
ISSN 1977-091X (electronic edition)