Action brought on 4 January 2024 – LA v Commission

(Case T-4/24)

Language of the case: Italian

Parties

Applicant: LA (represented by: M. Velardo, lawyer)

Defendant: European Commission

Form of order sought

The applicant claims that the General Court should:

annul the decision of 22 March 2023 not to include the applicant on the reserve list for competition EPSO/AD/371/19, as he obtained an insufficient score on the MCQ test (eliminatory multiple choice test);

annul the decision of 28 March 2023 rejecting the request to reconsider the exclusion from competition EPSO/AD/371/19;

annul the decision of the appointing authority of 22 October 2023 by which there was an implied rejection of the administrative appeal brought under Article 90(2) of the Staff Regulations of Officials of the European Union (‘the Staff Regulations’) in force on 22 June 2023, following the institution's silence for four months from the date of lodging the internal appeal;

order the Commission to pay the costs.

Pleas in law and main arguments

In support of the action, the applicant relies on three pleas in law.

First plea in law, alleging: (i) an infringement of Article 27 of the Staff Regulations and of the equal treatment of candidates; (ii) an infringement of the notice of competition; (iii) a breach of the principle of the protection of legitimate expectations; and (iv) that the notice of competition is unlawful.

Second plea in law, alleging: (i) a breach of the obligation to state reasons and failure to observe the connected principle of equality of the parties in the proceedings (Article 47 of the Charter of Fundamental Rights); and (ii) a breach of the principle of good administration.

Third plea in law, alleging an infringement of Article 5, paragraphs 5 and 6, of Annex III of the Staff Regulations.

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