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Case T-223/21: Judgment of the General Court of 5 July 2023 — SE v Commission (Civil service — Members of the temporary staff — Recruitment — Contract of employment — Article 2(b) of the CEOS — Rejection of an application — Promotion — Reclassification — New contract — Expiry of the contract — Article 8, second paragraph, and Article 10(3) of the CEOS — Error of law — Equal treatment — Action for annulment — Admissibility)
ECLI:EU:UNKNOWN:62021TA0223
62021TA0223
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Official Journal of the European Union
C 296/29
(Case T-223/21) (<span class="oj-super oj-note-tag">1</span>)
(Civil service - Members of the temporary staff - Recruitment - Contract of employment - Article 2(b) of the CEOS - Rejection of an application - Promotion - Reclassification - New contract - Expiry of the contract - Article 8, second paragraph, and Article 10(3) of the CEOS - Error of law - Equal treatment - Action for annulment - Admissibility)
(2023/C 296/31)
Language of the case: English
Parties
Applicant: SE (represented by: L. Levi, lawyer)
Defendant: European Commission (represented by: T. Bohr, L. Vernier and I. Melo Sampaio, Agents)
Re:
By his action under Article 270 TFEU, the applicant seeks, first, the annulment of the decision of the European Commission of 4 August 2020 rejecting his application for the vacant post published under reference COM/2020/1474, and of the reply of 28 October 2020 to his request under Article 90(1) of the Staff Regulations of Officials of the European Union, pertaining to his eligibility to be promoted, reclassified or assigned to another post and, secondly, compensation for the harm which he claims to have suffered as a consequence of those decisions.
Operative part of the judgment
The Court:
1.Annuls the decision of the European Commission of 4 August 2020 rejecting the application of SE for the vacant post published under reference COM/2020/1474;
2.Orders the Commission to pay SE the sum of EUR 10 000 as compensation for the material damage suffered;
3.Dismisses the action as to the remainder;
4.Orders the Commission to pay the costs.
(<span class="oj-super">1</span>) OJ C 278, 12.7.2021.