Judgment of the General Court of 7 February 2024 – Hatherly v EUAA
(Case T-40/23) 1
(Civil service – Staff of the EUAA – Recruitment – Vacancy notice – Selection procedure for posts of assistants – Job offer – Condition relating to level of post-secondary education attested by a diploma and appropriate professional experience acquired after having obtained the diploma – Withdrawal of job offer – Error of assessment – Equal treatment – Proportionality – Liability)
Language of the case: English
Parties
Applicant: Xavier James Hatherly (Hamrun, Malta) (represented by: A. Grima, lawyer)
Defendant: European Union Agency for Asylum (EUAA) (represented by: P. Eyckmans, M. Stamatopoulou and D. Testa, acting as Agents, and by T. Bontinck and A. Guillerme, lawyers)
Re:
By his action under Article 270 TFEU, the applicant seeks, first, annulment of the decision of 8 April 2022 of the European Union Agency for Asylum (EUAA) to withdraw the job offer made to him for the post of Administrative Assistant (Selection Procedure EASO/2021/TA/007) and the decision of 3 November 2022 to reject his complaint and, second, compensation for the loss of earnings suffered by him to date.
Operative part of the judgment
The Court:
Dismisses the action;
Orders each party to bear its own costs.
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1 OJ C 127, 11.4.2023.