Appeal brought on 3 April 2018 by the European Joint Undertaking for ITER and the Development of Fusion Energy against the judgment of the General Court (Fifth Chamber) delivered on 25 January 2018 in Case T-561/16, Galocha v Fusion for Energy Joint Undertaking

(Case C-243/18 P)

Language of the case: Spanish

Parties

Appellant: European Joint Undertaking for ITER and the Development of Fusion Energy (represented by: G. Poszler and R. Hanak, acting as Agents)

Other party to the proceedings: Yosu Galocha

Form of order sought

The appellant claims that the Court should:

set aside the judgment of the General Court of 25 January 2018 in Case T-561/16 by which it annulled the reserve lists for selection procedure F4E/CA/ST/FGIV/2015/001 and the decisions of Fusion for Energy to appoint the successful candidates;

if the Court of Justice upholds the appeal, order the applicant at first instance to bear the costs incurred at first instance and the costs of the present appeal.

Sole ground of appeal

Infringement of the principle of proportionality and, consequently, imposition of an excessive disadvantage on third parties who are beneficiaries of a decision which has been held to be unlawful.

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