Judgment of the Civil Service Tribunal (Second Chamber) of 13 March 2013 – Mendes v Commission

(Case F-125/11) ¹

(Civil service – Open competition – Non-admission to the assessment tests – Administration’s duty to interpret complaints in a spirit of openness – Amendment to the vacancy notice after holding the admission tests – Principle of legitimate expectations – Legal certainty)

Language of the case: French

Parties

Applicant: Isabel Mendes (Brussels, Belgium) (represented by: S. Rogrigues and A. Blot, lawyers)

Defendant: European Commission (represented by: J. Currall, acting as Agent)

Re:

Application to annul the decision not to admit the applicant to the assessment tests in competition EPSO/AST/111/10

Operative part of the judgment

The Tribunal:

annuls the decision of the selection board of open competition EPSO/AST/111/10 of 7 April 2011 not to admit the applicant to the assessment tests;

orders the European Commission to pay EUR 2 000 to the applicant;

dismisses the application as to the remainder;

orders each party to bear its own costs.

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¹ OJ C 65, 3/3/2012, p.21.