Judgment of the Civil Service Tribunal (First Chamber) of 16 July 2015 — Muariu v EIOPA

(Case F-116/14) ¹

(Civil Service — EIOPA staff — Temporary member of staff — Vacancy notice — Requirement for minimum professional experience of eight years — Internal candidate already confirmed in her post as a temporary member of staff following a probationary period — Provisionally posted to the new position, giving classification at a higher grade — Material error in the vacancy notice — Withdrawal of the offer of employment — Applicability of the GIPs — Consultation of the Staff Committee — Legitimate expectations)

Language of the case: French

Parties

Applicant: Simona Muariu (Frankfurt-am-Main, Germany) (represented by: L. Levi, lawyer)

Defendant: European Insurance and Occupational Pensions Authority (EIOPA) (represented by: C. Coucke, acting as Agent, and F. Tuytschaever, lawyer)

Re:

Application for annulment of the decision of the executive director of the European Insurance and Occupational Pensions Authority (EIOPA) which withdrew a previous decision appointing the applicant as a temporary member of staff at grade AD 8 and a claim for damages for the material and non-material harm allegedly suffered.

Operative part of the judgment

The Tribunal:

Annuls the decision of 24 February 2014 of the European Insurance and Occupational Pensions Authority in so far as;

in disregard, in a contractual relationship, of the acquired rights and terms of the contract, it retroactively rejects the application of Ms Murariu for the post of senior expert on personal pensions and impliedly withdraws the offer of employment, under a temporary posting, already accepted by Ms Murariu, made to her on 17 July 2013;

it deprives Ms Murariu of the benefit of remuneration corresponding to grade AD 8 for the period of her temporary posting from 16 September 2013 to 24 February 2014;

Dismisses the remainder of the claims;

Orders the European Insurance and Occupational Pensions Authority to compensate Ms Murariu for her material loss, suffered between 16 September 2013 and 24 February 2014, in an amount corresponding to the difference in remuneration between grades AD 6 and AD 8, together with default interest, to run from 16 September 2013, at the rate set by the European Central Bank for main refinancing operations during the relevant period and increased by two points;

Dismisses the remainder of the claims for compensation;

Orders the European Insurance and Occupational Pensions Authority to bear its own costs and to pay the costs incurred by Ms Murariu.

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¹ OJ C 26, 26.1.2015, p. 47.