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Case T-506/12 P: Judgment of the General Court of 3 December 2015 — Cuallado Martorell v Commission (Appeal — Civil Service — Officials — Recruitment — Open competition to draw up a reserve list of lawyer-linguists with Spanish as their main language — Decision of the jury confirming failure to pass the written tests and non-admittance to the oral test — Article 90(2) of the Statute — Admissibility of the action at first instance — Duty to state reasons — Refusal to send the marked written tests to the appellant — Access to documents)
ECLI:EU:UNKNOWN:62012TA0506
62012TA0506
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Official Journal of the European Union
C 27/30
(Case T-506/12 P) (<a id="ntc1-C_2016027EN.01003001-E0001" href="#ntr1-C_2016027EN.01003001-E0001"> (<span class="super">1</span>)</a>
((Appeal - Civil Service - Officials - Recruitment - Open competition to draw up a reserve list of lawyer-linguists with Spanish as their main language - Decision of the jury confirming failure to pass the written tests and non-admittance to the oral test - Article 90(2) of the Statute - Admissibility of the action at first instance - Duty to state reasons - Refusal to send the marked written tests to the appellant - Access to documents))
(2016/C 027/33)
Language of the case: Spanish
Parties
Appellant: Eva Cuallado Martorell (Valencia, Spain) (represented by: C. Pinto Cañón, lawyer)
Other party to the proceedings: European Commission (represented by: J. Baquero Cruz and G. Gattinara, acting as agents)
Re:
Appeal brought against the judgment of the Civil Service Appeal Tribunal of the European Union (Second Chamber) of 18 September 2012 in Cuallado Martorell v Commission (F-96/09, ECRFP, EU:F:2012:129) and seeking to have that judgment set aside.
Operative part of the judgment
The Court:
1.Sets aside the judgment of the Civil Service Appeal Tribunal of the European Union (Second Chamber) of 18 September 2012 in Cuallado Martorell v Commission (F-96/09, ECRFP, EU:F:2012:129) inasmuch as it declares the action to be inadmissible in seeking the annulment of the decision refusing admission to the oral test and, consequently, the reserve list;
2.Dismisses the appeal as to the remainder;
3.Refers the case back to the Civil Service Tribunal;
4.Reserves the costs.
(<a id="ntr1-C_2016027EN.01003001-E0001" href="#ntc1-C_2016027EN.01003001-E0001">(<span class="super">1</span>)</a> <a href="./../../../../legal-content/EN/AUTO/?uri=OJ:C:2014:135:TOC">OJ C 135, 5.5.2014</a>.)