21.6.2008

Official Journal of the European Union

C 158/23

(Case F-6/07)

(Staff case - Members of the temporary staff - Preliminary plea - Confidential documents - Documents obtained unlawfully - Removal of documents - Recruitment - Vacant post - Unlawful rejection of candidature - Annulment - Action for damages - Loss of the opportunity to be recruited - Equitable assessment)

(2008/C 158/39)

Language of the case: French

Parties

Applicant: Risto Suvikas (Helsinki, Finland) (represented by: M.-A. Lucas, lawyer)

Defendant: Council of the European Union (represented by: M. Arpio Santacruz and I. Šulce, Agents)

Re:

First, annulment of the decision of the Advisory Selection Committee not to include the applicant's name on the list of the best candidates for selection in relation to Council notice of vacancy B/024 and, second, annulment of that list and the Council decisions to recruit the candidates whose names were included therein to the posts to be filled and not to recruit the applicant — Claim for damages.

Operative part of the judgment

The Tribunal:

1.Orders that the documents produced by Mr Suvikas in Annex A 14 to A 16 to the application be removed from the case file;

2.Annuls the decision of the contracting authority of 20 February 2006 not to include Mr Suvikas on the list of the best candidates following the selection of Council/B/024 members of the temporary staff;

3.Orders the Council of the European Union to pay to Mr Suvikas the sum of EUR 20 000 to compensate him for the material damage which he has suffered;

4.Dismisses the action as to the remainder;

5.Orders the Council of the European Union to pay the costs.