Judgment of the Civil Service Tribunal (1st Chamber) of 17 October 2013 – BF v Court of Auditors

(Case F-69/11) ¹

(Civil service – Procedure for filling the post of director – Report of the pre-selection board – Statement of reasons – None – Unlawfulness of the nomination decision – Conditions)

Language of the case: French

Parties

Applicant: BF (Luxembourg, Luxembourg) (represented by: L. Levi, lawyer)

Defendant: Court of Auditors of the European Union (represented by: T. Kennedy and J. Vermer, acting as Agents, and by D. Waelbroeck)

Re:

Application to annul the decision of the Court of Auditors not to appoint the applicant to the post of director of the Directorate of Human Resources and to appoint another candidate to that post.

Operative part of the judgment

The Tribunal:

Annuls the decisions of 18 November 2011 by which the Court of Auditors of the European Union appointed Ms Z to the post of Director of Human Resources and rejected BF’s candidacy for that post;

Considers that there is no need to adjudicate on the request of the Court of Auditors of the European Union to remove from the file Annexes A7 and A11 to the application;

Dismisses the action as to the remainder;

Orders the Court of Auditors of the European Union to bear its own costs and to pay those incurred by BF.

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¹ OJ C 282, 24.9.2011, p. 52.