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Judgment of the Civil Service Tribunal (Second Chamber) of 12 March 2009. # Johannes Hambura v European Parliament. # Public service - Recruitment. # Case F-4/08.
ECLI:EU:F:2009:25
62008FJ0004
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(Civil service – Temporary staff – Recruitment – Selection procedure – Non‑admission – Recruitment notice PE/95/S – Failure to use the application form in the Official Journal of the European Union – Admissibility – Prior administrative procedure)
Application: brought under Articles 236 EC and 152 EA, in which Mr Hambura seeks annulment of the Parliament’s decision of 5 December 2007 not to accept his application to become a member of the temporary staff in the post of doctor advertised in recruitment notice PE/95/S (OJ C 244 A of 18 October 2007, p. 5).
Held: The action is dismissed. The applicant is ordered to pay all the costs.
Summary
(Staff Regulations, Annex III)
(Statute of the Court of Justice, Art. 21, first para., and Annex I, Art. 7(3); Rules of Procedure of the Civil Service Tribunal, Art. 35(1)(e))
(see para. 46)
See:
T-145/02 Petrich v Commission [2004] ECR-SC I‑A‑101 and II‑447, para. 34
F-12/05 Tas v Commission [2006] ECR-SC I‑A‑1‑79 and II‑A‑1‑285, para. 43
(see paras 49-50)
See:
T-85/92 De Hoe v Commission [1993] ECR II‑523, para. 20; T‑154/98 Asia Motor France and Others v Commission [1999] ECR II‑1703, para. 42; T-277/97 Ismeri Europa v Court of Auditors [1999] ECR II‑1825, para. 29
F-1/08 Nijs v Court of Auditors [2008] ECR-SC I‑A‑1‑0000 and II‑A‑1‑0000, para. 25, on appeal before the Court of First Instance, Case T‑376/08 P