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Case T-81/18: Judgment of the General Court of 2 April 2020 –Barata v Parliament (Civil service — Officials — Promotion — Certification procedure — 2016 promotion exercise — Exclusion of the applicant from the final list of officials authorised to take part in the training programme — Article 45a of the Staff Regulations — Obligation to state reasons — Manifest error of assessment — Equal treatment — Rights of the defence)

ECLI:EU:UNKNOWN:62018TA0081

62018TA0081

April 2, 2020
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25.5.2020

Official Journal of the European Union

C 175/13

(Case T-81/18) (<span class="super note-tag">1</span>)

(Civil service - Officials - Promotion - Certification procedure - 2016 promotion exercise - Exclusion of the applicant from the final list of officials authorised to take part in the training programme - Article 45a of the Staff Regulations - Obligation to state reasons - Manifest error of assessment - Equal treatment - Rights of the defence)

(2020/C 175/14)

Language of the case: English

Parties

Applicant: João Miguel Barata (Evere, Belgium) (represented by: G. Pandey, D. Rovetta and V. Villante, lawyers)

Defendant: European Parliament (represented by: J. Steele and I. Terwinghe, acting as Agents)

Re:

Application pursuant to Article 270 TFEU seeking annulment, first, of the decision of 30 October 2017 by which the Parliament rejected the applicant’s complaint, secondly, the letter of 20 March 2017 containing the opinion of the Joint Certification Procedure Committee recommending that the appointing authority reject the applicant’s appeal, thirdly, the letter of 14 February 2017 notifying him of his results and informing him that a draft list of seven officials selected to take part in the training programme had been drawn up, fourthly, the letter of 8 December 2016 informing the applicant of his results following the first stage of the 2016 certification procedure, fifthly, the letter of 21 December 2016 informing the applicant of the action taken following his request for review and, sixthly, the notice of internal competition 2016/014 of 7 October 2016 communicated to staff on 20 October 2016 and the full draft list of officials admitted for participation in the resulting training programme.

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders Mr João Miguel Barata to pay the costs.

(<span class="note">1</span>) OJ C 142, 23.4.2018.

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