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Case T-41/20: Judgment of the General Court of 10 November 2021 — Di Bernado v Commission (Civil Service — Officials — Recruitment — Notice of competition — Open competition — Conditions of admission — Non-inclusion on the reserve list — Insufficient professional experience — Article 266 TFEU — Decision adopted to give effect to a judgment of the General Court — Measures necessary to give effect to a judgment delivered in an action for annulment — Article 2 of Annex III to the Statute — Equal treatment — Manifest error of assessment — Liability)
ECLI:EU:UNKNOWN:62020TA0041
62020TA0041
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Official Journal of the European Union
C 11/24
(Case T-41/20) (<span class="oj-super oj-note-tag">1</span>)
(Civil Service - Officials - Recruitment - Notice of competition - Open competition - Conditions of admission - Non-inclusion on the reserve list - Insufficient professional experience - Article 266 TFEU - Decision adopted to give effect to a judgment of the General Court - Measures necessary to give effect to a judgment delivered in an action for annulment - Article 2 of Annex III to the Statute - Equal treatment - Manifest error of assessment - Liability)
(2022/C 11/31)
Language of the case: French
Parties
Applicant: Danilo Di Bernado (Brussels, Belgium) (represented by: S. Orlandi, lawyer)
Defendant: European Commission (represented by: M. Brauhoff and D. Milanowska, acting as Agents)
Re:
Application under Article 270 TFEU seeking, first, annulment of the decision of the selection board in the open competition on the basis of tests EPSO/AST-SC/03/15 of 13 Mars 2019, taken with a view to complying with the judgment of 29 November 2018, Di Bernardo v Commission (T-811/16, not published, EU:T:2018:859), not to include the applicant’s name on the reserve list for the recruitment of secretaries/clerks at grade SC 1 in the field of financial support and, secondly, compensation for the harm that the applicant claims to have suffered as a result.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Mr Danilo di Bernardo to pay the costs.
(<span class="oj-super">1</span>) OJ C 77, 9.3.2020.