Judgment of the General Court of 24 October 2018 — Fernández González v Commission
(Case T-162/17 RENV) 1
(Civil service — Members of the temporary staff — Article 2(c) of the Conditions of Employment of Other Servants of the European Union — Vacancy notice relating to a temporary agent post falling under Article 2(b) of the Conditions of Employment of Other Servants of the European Union — Rejection of application — Plea of illegality — Article 8 of the Conditions of Employment of Other Servants of the European Union — Liability — Loss of opportunity)
Language of the case: French
Parties
Applicant: Elia Fernández González (Brussels, Belgium) (represented by: M. Casado García-Hirchfeld and É. Boigelot, lawyers)
Defendant: European Commission (represented by: G. Berscheid and L. Radu Bouyon, acting as Agents, and D. Waelbroek and A. Duron, lawyers)
Re:
Action on the basis of Article 270 TFEU seeking, first, annulment of the Commission decision of 14 November 2014 rejecting the applicant’s application for the temporary agent post that is the subject of vacancy notice COM/2014/2036 and annulment of the decision of 22 May 2015 rejecting the applicant’s administrative complaint and, second, compensation for the harm that the applicant claims to have suffered.
Operative part of the judgment
The Court:
Annuls the decision of the European Commission of 14 November 2014 rejecting the application of Ms Fernández González for the temporary agent post that is the subject of vacancy notice COM/2014/2036;
Orders the Commission to pay to Ms Fernández González the amount of EUR 12 000 plus default interest from the date of delivery of the present judgment until the payment is made at an annual rate equal to the rate set by the European Central Bank (ECB) for principal refinancing operations, increased by 2 percentage points;
Dismisses the action as to the remainder;
Orders the Commission to pay the costs.
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1 OJ C 354, 26.10.2015 (case initially registered before the European Union Civil Service Tribunal under the number F-121/15 and transferred to the General Court of the European Union on 1.9.2016).