Judgment of the Civil Service Tribunal (First Chamber) of 19 May 2015 –Brune v Commission
(Case F-59/14) 1
(Civil Service — Open competition EPSO/AD/26/05 — Non-inclusion on the reserve list — Annulment by the General Court — Article 266 TFEU — Organisation of another oral test — Refusal by the candidate to participate –New decision not to include the candidate on the reserve list — Action for annulment — Dismissal — Judgment of the General Court upheld on appeal — Later application for compensation — Observance of reasonable time-limit)
Language of the case: German
Parties
Applicant: Markus Brune (Bonn, Germany) (represented by: H. Mannes, lawyer)
Defendant: European Commission (represented by: J. Currall and G. Gattinara, acting as Agents, B. Wägenbaur, lawyer)
Re:
Claim for damages to compensate the alleged loss of an opportunity to be recruited to a position in the EU, based on the judgment in Case F-5/08.
Operative part of the judgment
The Tribunal:
Orders the European Commission to pay Mr Brune, on account of the non-pecuniary loss incurred between 6 March 2007 and 4 February 2011, the sum of EUR 4000, plus default interest from 17 April 2013 at a rate applied by the European Central Bank for main refinancing operations over the period concerned and increased by two points;
Dismisses the action as to the remainder;
Orders the European Commission to bear its own costs and 50% of the costs incurred by Mr Brune;
Orders Mr Brune to bear 50% of his own costs.
________________________1 OJ C 431, 1.12.2014, p. 48.