Judgment of the General Court of 13 December 2023 – SB v EEAS
(Case T-621/22) 1
(Civil service – EEAS staff – Recruitment – Vacancy notice – Rotation exercise – Rejection of application – Article 98(1) of the Staff Regulations – Article 2(e) of the CEOS – Manifest error of assessment – Legitimate expectation – Equal treatment – Misuse of power – Responsibility – Material and non-material damage)
Language of the case: French
Parties
Applicant: SB (represented by: L. Burguin, T. Bontinck and A. Guillerme, lawyers)
Defendant: European External Action Service (represented by: S. Falek, A. Ireland and R. Coesme, acting as Agents)
Re:
By her action based on Article 270 TFEU, the applicant seeks compensation in respect of the material and non-material damage that she suffered on account of, first, the decisions of the authority empowered to conclude contracts of employment (‘the AECC’) of the European External Action Service (EEAS) of 10 November 2021 by which it rejected her application for the positions of [confidential], as confirmed and supplemented by letter of the AECC of 1 February 2022 and, secondly, the EEAS’s alleged misconduct related to those decisions.
Operative part of the judgment
The Court:
Dismisses the action;
Orders SB to pay the costs.
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1 OJ C 441, 21.11.2022.