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Case T-723/18: Judgment of the General Court of 3 March 2021 — Barata v Parliament (Civil service — Officials — Promotion — Certification procedure — Exclusion of the applicant from the final list of officials entitled to take part in the training programme — Article 45a of the Staff Regulations — Action for annulment — Communication by registered letter — Article 26 of the Staff Regulations — Registered letter not collected by the person to whom it was addressed — Starting point of the period prescribed for instituting proceedings — Admissibility — Obligation to state reasons — Right to be heard — Principle of sound administration — Proportionality — Rules on the use of languages)

ECLI:EU:UNKNOWN:62018TA0723

62018TA0723

March 3, 2021
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Official Journal of the European Union

C 148/15

(Case T-723/18) (<span class="oj-super oj-note-tag">1</span>)

(Civil service - Officials - Promotion - Certification procedure - Exclusion of the applicant from the final list of officials entitled to take part in the training programme - Article 45a of the Staff Regulations - Action for annulment - Communication by registered letter - Article 26 of the Staff Regulations - Registered letter not collected by the person to whom it was addressed - Starting point of the period prescribed for instituting proceedings - Admissibility - Obligation to state reasons - Right to be heard - Principle of sound administration - Proportionality - Rules on the use of languages)

(2021/C 148/20)

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 under Article 270 TFEU seeking annulment of the decision of 23 July 2018, the act of 7 December 2017, the act of 21 December 2017, the letter of 1 March 2018, the letter of 22 March 2018 concerning the applicant’s candidacy in the 2017 certification procedure and the notice of internal competition of 22 September 2017.

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders João Miguel Barata to pay the costs.

(<span class="oj-super">1</span>) OJ C 72, 25.2.2019.

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