ORDER OF THE EUROPEAN UNION CIVIL SERVICE TRIBUNAL (Second Chamber)
10 July 2009 (*)
(Rectification of the judgment)
In Case F‑50/07 REC,
Valentina Hristova, residing in Pavlikeni (Bulgaria), represented by G. Kerelov, lawyer,
applicant,
v
Commission of the European Communities, represented by J. Currall and B. Eggers, acting as Agents,
defendant,
THE TRIBUNAL (Second Chamber),
composed of H. Kanninen (Rapporteur), President, I. Boruta and S. Van Raepenbusch, Judges,
Registrar: W. Hakenberg,
makes the following
Order
1 By judgment of 25 November 2008 in Case F‑50/07 Hristova v Commission [2008] ECR-SC I-A-0000 and II-0000 (‘the judgment of 25 November 2008’), the Tribunal (Second Chamber) annulled the decision of the selection board in open competition EPSO/AST/14/06 to constitute a reserve of assistants (AST 1) with Bulgarian citizenship in the secretarial field, whereby Mrs Hristova was refused admission to the tests in that competition.
2 Under Article 84(1) of the Rules of Procedure, the Tribunal may, of its own motion or on application by a party, rectify clerical mistakes, errors in calculation and obvious slips.
3 In the present case, the Tribunal informed the parties to the proceedings in Hristova v Commission of its intention to rectify paragraphs 17, 19, 24, 26, 27 and 28 of the judgment of 25 November 2008 so that the reference to ‘section A.I.(1)’ of the notice of competition EPSO/AST/14/06 (OJ 2006 C 145 A, p. 22) (‘the notice of competition’) is replaced by a reference to ‘section A.II.(1)’ of that notice, and requested them to submit their observations in that regard.
4 By letter received at the Registry of the Tribunal on 25 May 2009 (the original being lodged on 26 May 2009), the Commission suggested that the Tribunal should also replace, first, in paragraph 25 of the judgment of 25 November 2008, the reference to ‘section A.I.(1)(i)’ by a reference to ‘section A.II.(1)(i)’ of the notice of competition and, secondly, in paragraph 24 of the judgment of 25 November 2008, the reference to ‘section A.I.(1)(i)’ by a reference to ‘section A.II.(1)(ii)’, and stated that there was no reference to the notice of competition in paragraph 26 of that judgment. For her part, the applicant submitted no observations.
5 Contrary to what the Commission states, the mention made in paragraph 25 of the judgment of 25 November 2008 is not of ‘section A.I.(1)(i)’ of the notice of competition but of ‘section A.II.(1)(i)’ of that notice. Consequently, there is no error in that paragraph.
6 It should also be pointed out that, contrary to what the Commission states, the second sentence of paragraph 26 of the judgment of 25 November 2008 contains a reference to ‘section A.I.(1)(i)’. This should therefore be replaced by a reference to ‘section A.II.(1)(i)’ of the notice of competition.
7 As for the Commission’s suggestion of replacing ‘section A.I.(1)(i)’ by ‘section A.II.(1)(ii)’ in paragraph 24 of the judgment of 25 November 2008, that paragraph already speaks of ‘subparagraph (ii)’, so that that part of the reference does not require rectification.
8 Lastly, in paragraph 4 of the judgment of 25 November 2008, in the version in the language of the case, ‘section II(1)’ should read ‘section A.II.(1)’.
9 Consequently, the Tribunal considers that it is necessary to rectify a clerical mistake found in paragraph 4 of the judgment of 25 November 2008 in the version in the language of the case and clerical mistakes in paragraphs 17, 19, 24, 26, 27 and 28 of the judgment of 25 November 2008, by replacing:
– ‘section II(1)’ by ‘section A.II.(1)’ in paragraph 4 of the judgment of 25 November 2008 in the version in the language of the case;
– ‘section A.I.(1)(i)’ by ‘section A.II.(1)(i)’ in paragraph 17, in the first sentence of paragraph 19, and in paragraphs 26, 27 and 28 of the judgment of 25 November 2008;
– ‘section A.I.(1)(ii)’ by ‘section A.II.(1)(ii)’ in the second sentence of paragraph 19, and in paragraph 24 of the judgment of 25 November 2008.
On those grounds,
THE TRIBUNAL (Second Chamber)
hereby orders:
1. In paragraph 4 of the judgment of 25 November 2008 in Case F‑50/07 Hristova v Commission, in the version in the language of the case, ‘section II(1)’ should read ‘section A.II.(1)’;
2. In paragraph 17, in the first sentence of paragraph 19 and in paragraphs 26, 27 and 28 of the judgment of 25 November 2008 in Case F‑50/07 Hristova v Commission ‘section A.I.(1)(i)’ should read ‘section A.II.(1)(i)’;
3. In the second sentence of paragraph 19 and in paragraph 24 of the judgment of 25 November 2008 in Case F‑50/07 Hristova v Commission ‘section A.I.(1)(ii)’ should read ‘section A.II.(1)(ii)’.
Luxembourg, 10 July 2009.
The text of the present decision and those of the decisions of the Community Courts cited in it which have not yet been published in the European Court Reports are available on the internet site of the Court of Justice: www.curia.europa.eu