Judgment of the Civil Service Tribunal (2nd Chamber) of 21 March 2013 – Brune v Commission

(Case F-94/11) ¹

(Civil service – Open competition – Annulment of a decision not to include the applicant on the reserve list – Implementation of a judgment – Principle of legality – Plea of illegality directed against the decision to reopen the competition procedure)

Language of the case: German

Parties

Applicant: Markus Brune (Bonn, Germany) (represented by: H. Mannes, lawyer)

Defendant: European Commission (represented by: J. Currall and B. Eggers, Agents)

Re:

Application to annul EPSO’s decision to reopen the procedure for open competition EPSO/AD/26/05 and to invite the applicant to participate again in the oral test and to annul the decision to exclude him from that competition following his absence from that test.

Operative part of the judgment

The Tribunal:

Dismisses the action;

Orders Mr Brune to bear his own costs and to pay the costs incurred by the European Commission.

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¹ OJ C 355, 3.12.2011, p. 30.