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Case T-529/12 P: Judgment of the General Court of 8 October 2014 — Bermejo Garde v EESC (Appeal — Civil service — Officials — Recruitment — Vacancy notice — Appointment to the post of director — Withdrawal of the appellant’s application — Appointment of another candidate — Actions for annulment — Annulment at first instance of the contested vacancy notice on the grounds that the authority issuing that measure lacked competence — Failure to provide an explicit answer to all of the pleas in law and arguments raised by the parties — Principle of sound administration — Inadmissibility of the forms of order seeking the annulment of decisions taken on the basis of the contested vacancy notice — Article 91(2) of the Staff Regulations — Claim for damages — Right to effective judicial protection — Duty of the Civil Service Tribunal to provide a statement of reasons — Whether the state of the proceedings permits final judgment to be given — Dismissal of the claim)
ECLI:EU:UNKNOWN:62012TA0529
62012TA0529
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24.11.2014
Official Journal of the European Union
C 421/34
(Case T-529/12 P) (<span class="super">1</span>)
((Appeal - Civil service - Officials - Recruitment - Vacancy notice - Appointment to the post of director - Withdrawal of the appellant’s application - Appointment of another candidate - Actions for annulment - Annulment at first instance of the contested vacancy notice on the grounds that the authority issuing that measure lacked competence - Failure to provide an explicit answer to all of the pleas in law and arguments raised by the parties - Principle of sound administration - Inadmissibility of the forms of order seeking the annulment of decisions taken on the basis of the contested vacancy notice - Article 91(2) of the Staff Regulations - Claim for damages - Right to effective judicial protection - Duty of the Civil Service Tribunal to provide a statement of reasons - Whether the state of the proceedings permits final judgment to be given - Dismissal of the claim))
2014/C 421/47
Language of the case: French
Appellant: Moises Bermejo Garde (Brussels, Belgium) (represented by: L. Levi, lawyer)
Other party to the proceedings: European Economic and Social Committee (EESC) (represented by: M. Lernhart, acting as Agent, assisted by B. Wägenbaur, lawyer)
Re:
Appeal against the judgment of the European Union Civil Service Tribunal (First Chamber) of 25 September 2012 in Bermejo Garde v EESC (F-51/10, not yet published in the ECR), seeking the partial setting aside of that judgment.
Operative part of the judgment
The Court:
1.Sets aside the judgment of the European Union Civil Service Tribunal (First Chamber) of 25 September 2012 in Bermejo Garde v EESC (F-51/10) in so far as it rejected the appellant’s claim for damages without providing a statement of reasons;
2.Dismisses the remainder of the appeal;
3.Rejects the claim for damages brought before the Civil Service Tribunal by Mr Moises Bermejo Garde;
4.Orders Mr Bermejo Garde to bear his own costs in relation to the present appeal proceedings;
5.Orders the European and Economic Social Committee (EESC) to bear its own costs at first instance and on appeal and to pay the costs incurred by Mr Bermejo Garde in the proceedings at first instance.
(<span class="super">1</span>) OJ C 55, 23.2.2013.