Judgment of the General Court of 28 February 2024 – PU v European Public Prosecutor’s Office

(Case T-442/22) ¹

(Action for annulment and for damages – Institutional law – Regulation (EU) 2017/1939 – Appointment of the European Delegated Prosecutors of the European Public Prosecutor’s Office – Refusal to appoint one of the candidates nominated by [confidential] – Time limit for bringing proceedings – Confirmatory measure – Lack of direct concern – Inadmissibility – Causal link)

Language of the case: Greek

Parties

Applicant: PU (represented by: P. Yatagantzidis and D. Tsarapatsanis, lawyers)

Defendant: European Public Prosecutor’s Office (represented by: L. De Matteis, F.-R. Radu and C. Charalambous, acting as Agents)

Re:

By his action, the applicant seeks, first, under Article 263 TFEU, in essence, the annulment, in so far as they concern him, of Decision No 90/2021 of the European Public Prosecutor’s Office of 8 [confidential] rejecting his candidacy and that of another candidate, A, for the positions of European Delegated Prosecutors in [confidential], Decision No 15/2022 of the European Public Prosecutor’s Office of 23 [confidential] rejecting his and A’s complaint against the contested decision of 8 [confidential] and Decision No 21/2022 of the European Public Prosecutor’s Office of 30 [confidential] appointing two European Delegated Prosecutors of [confidential] and, secondly, under Article 268 TFEU, compensation for the damage he allegedly suffered.

Operative part of the judgment

The Court:

Dismisses the action;

Orders PU to pay his own costs as well as those incurred by the European Public Prosecutor’s Office.

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¹ OJ C 380, 3.10.2022.