Appeal brought on 25 August 2010 by the European Commission against the judgment of the Civil Service Tribunal delivered on 15 June 2010 in Case F-35/08 Pachtitis v Commission

(Case T-361/10 P)

Language of the case: Greek

Parties

Appellant: European Commission (represented by J. Currall and I. Khatzigiannis)

Other party to the proceedings: Dimitrios Pachtitis (Athens, Greece), supported by the European Data Protection Supervisor

Form of order sought by the appellant

The appellant claims that the General Court should:

set aside the judgment of the Civil Service Tribunal of 15 June 2010 in Case F-35/08 Pachtitis v Commission;

refer the case back to the Civil Service Tribunal for examination of the other pleas in support of annulment;

order the respondent to pay the costs of the proceedings at first instance and on appeal.

Pleas in law and main arguments

By the above appeal, the appellant asks the General Court to set aside the judgment of the Civil Service Tribunal of 15 June 2010 in Case F-35/08 Pachtitis v Commission annulling the decisions of the European Personnel Selection Office of 31 May 2007 and 6 December 2007 whereby Dimitrios Pachtitis was excluded from the list of the 110 candidates who obtained the highest marks in the pre-selection tests of the open competition EPSO/AD/77/06, and ordering the Commission to bear its own costs and to pay those of Mr Pachtitis.

In support of its appeal, the Commission relies on the following pleas in law:

infringement of Articles 1, 5 and 7 of Annex ΙΙΙ to the Staff Regulations of Officials of the European Communities;

infringement of Community law, and in particular Article 2 of Decision 2002/620/ΕC ¹ and Article 1 of Decision 2002/621/ΕC, ² on the establishment of the European Personnel Selection Office;·

-    infringement of the obligation to state reasons for decisions.

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¹ - : Decision 2002/620/ΕC of the European Parliament, the Council, the Commission, the Court of Justice, the Court of Auditors, the Economic and Social Committee, the Committee of the Regions and the European Ombudsman of 25 July 2002 establishing a European Communities Personnel Selection Office - Declaration by the Bureau of the European Parliament, OJ 2002 L 197 p. 53

² - : Decision 2002/621/ΕC of the Secretaries-General of the European Parliament, the Council and the Commission, the Registrar of the Court of Justice, the Secretaries-General of the Court of Auditors, the Economic and Social Committee and the Committee of the Regions, and the Representative of the European Ombudsman of 25 July 2002 on the organisation and operation of the European Communities Personnel Selection Office, OJ 2002 L 197 p. 56