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Cases T-641/16 RENV and T-137/17: Judgment of the General Court of 13 December 2018 — Kakol v Commission (Staff case — Officials — Recruitment — Notice of competition — Open competition — Non-admission of a candidate to take part in the tests of the assessment centre — Non-recognition of qualifications or diplomas — Admission to a previous competition — Conditions for similar competitions — Concordance rule between the request and the complaint — Res judicata — Non-compliance with the prior administrative procedure — Measure adversely affecting the applicant within the meaning of Article 91 of the Staff Regulations — Competence of the authority which adopted the measure — Claim for damages)
ECLI:EU:UNKNOWN:62016TA0641
62016TA0641
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11.3.2019
Official Journal of the European Union
C 93/46
(Cases T-641/16 RENV and T-137/17) (*)
((Staff case - Officials - Recruitment - Notice of competition - Open competition - Non-admission of a candidate to take part in the tests of the assessment centre - Non-recognition of qualifications or diplomas - Admission to a previous competition - Conditions for similar competitions - Concordance rule between the request and the complaint - Res judicata - Non-compliance with the prior administrative procedure - Measure adversely affecting the applicant within the meaning of Article 91 of the Staff Regulations - Competence of the authority which adopted the measure - Claim for damages))
(2019/C 93/56)
Language of the case: French
Parties
Applicant: Danuta Kakol (Luxembourg, Luxembourg) (represented by: R. Duta, lawyer)
Defendant: European Commission (represented by: G. Gattinara and L. Radu Bouyon, acting as Agents)
Re:
Application under Article 270 TFEU seeking, first, the annulment of the decisions of 14 February 2014, notified on 2 May 2016, and of 25 November 2016 not to admit the applicant to the assessment centre tests for competition AD/177/10, organised by the European Personnel Selection Office (EPSO), on the ground that she did not fulfil the specific conditions relating to qualifications or diplomas required in the competition notice, or rejecting her complaint against that refusal of admission, and, secondly, that the Commission be ordered to pay her the sum of EUR 5 000 as compensation for the non-material damage she allegedly suffered as a result of the vexatious nature of the processing of her application
Operative part of the judgment
The Court:
1.Joins Cases T-641/16 RENV and T-137/17 for the purposes of the judgment;
2.Rules, in Case T-641/16 RENV, that there is no longer any need to adjudicate on the application for annulment and, dismisses the remainder of the action;
3.Dismisses the action in Case T-137/17;
4.Orders each party to bear its own costs relating to Cases T-641/16 RENV and T-137/17 and Cases F-48/14 and T-152/15 P.
(*)
Language of the case: French.
(proceedings initially brought before the Civil Service Tribunal of the European Union under number F-1/14 and transferred to the General Court of the European Union on 1.9.2016).
ECLI:EU:C:2019:140