ORDER OF THE EUROPEAN UNION CIVIL SERVICE TRIBUNAL
(Second Chamber)

16 November 2012

Case F‑50/12

Cătălin Ion Ciora

v

European Commission

(Civil service — Notice of competition EPSO/AD/198/10 — Non-admission to the competition — Action — Failure to comply with the pre-litigation procedure — Manifest inadmissibility)

Application: brought under Article 270 TFEU, applicable to the EAEC Treaty by virtue of Article 106a thereof, in which Mr Ciora seeks, in essence, annulment of the decision of the selection board for competition EPSO/AD/198/10, of which he was notified on 3 March 2011, not to accept his application.

Held: The action is dismissed as manifestly inadmissible. The applicant is to bear his own costs.

Summary

Officials — Actions brought by officials — Decision of a selection board — Prior administrative complaint — Optional — Introduction — Consequences — Compliance with the procedural requirements applicable to a prior complaint

(Staff Regulations, Arts 90 and 91)

The legal remedy available regarding decisions of a competition selection board normally consists of a direct application to the European Union Courts. However, if the person concerned chooses, instead of referring the matter directly to the European Union Courts, to refer the question first to the administration by means of an administrative complaint, the admissibility of the action brought subsequently against the decision rejecting the complaint will depend on his compliance with all the procedural requirements applicable to the prior complaint.

(see paras 18, 20)

See:

31 May 2005, T‑294/03 Gibault v Commission, para. 22

23 November 2010, F‑50/08 Bartha v Commission, para. 25