Official Journal of the European Union

C 104/25

(Case T-365/21) (*)

(Civil service - EEAS staff - Recruitment - Vacancy notice - Rejection of application - Article 98 of the Staff Regulations - Concept of ‘staff from national diplomatic services of the Member States’ - Liability)

(2023/C 104/39)

Language of the case: English

Parties

Applicant: TJ (represented by: A. Véghely, V. Luszcz and D. Karsai, lawyers)

Defendant: European External Action Service (represented by: S. Marquardt and R. Spáč, acting as Agents, and by M. Troncoso Ferrer, F.-M. Hislaire and L. Lence de Frutos, lawyers)

Re:

By his action under Article 270 TFEU, the applicant seeks, first, annulment of the decision of the European External Action Service (EEAS) of 4 September 2020 rejecting his application for the post of [confidential] and of the decision of 23 July 2020 by which A was appointed to that post and, secondly, compensation for the material and non-material damage he claims to have suffered as a result.

Operative part of the judgment

The Court:

1.Annuls the decision of 4 September 2020 of the European External Action Service (EEAS) rejecting TJ’s application submitted pursuant to the vacancy notice [confidential];

2.Annuls the decision of 23 July 2020 of the EEAS appointing A to that post;

3.Dismisses the action as to the remainder;

4.Orders the EEAS to bear its own costs and to pay those incurred by TJ.

(*)

Language of the case: English.

(1) OJ C 368, 13.9.2021.

* * *

ECLI:EU:C:2023:140

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