Judgment of the General Court of 5 July 2016 –Commission v Hristov
(Case T-26/15 P) 1
(Appeal — Civil Service — Appointment — Procedure for selection and appointment of the executive director of a regulatory agency — EMA — Pre-selection by a pre-selection panel — Appointment by the EMA’s Management Board — Composition of the pre-selection board — Combination of functions as a member of the pre-selection panel and as a member of the EMA’s Management Board — Impartiality)
Language of the case: Bulgarian
Parties
Appellant: European Commission (represented initially by J. Currall, N. Nikolova and S. Petrova, and subsequently by N. Nikolova and S. Petrova, acting as Agents)
Other parties to the proceedings: Emil Hristov (Sofia, Bulgaria) (represented by: M. Ekimdzhiev, K. Boncheva and G. Chernicherska, lawyers) (applicant at first instance); and European Medicines Agency (represented initially by J. Currall, N. Nikolova and S. Petrova, and subsequently by N. Nikolova and S. Petrova, acting as Agents) (defendant at first instance)
Re:
Appeal brought against the judgment of the Civil Service Tribunal of the European Union (Second Chamber) of 13 November 2014 in Hristov v Commission and EMA (F-2/12, EU:F:2014:245), seeking to have that judgment set aside in part.
Operative part of the judgment
The Court:
Sets aside in part the judgment of the Civil Service Tribunal of the European Union (Second Chamber) of 13 November 2014 in Hristov v Commission and EMA (F-2/12), in so far as it annulled the decision of the European Commission of 20 April 2011, pursuant to which the Commission proposed to the Management Board of the European Medicines Agency (EMA) a list of four candidates recommended by the pre-selection panel and approved by the Consultative Committee on Appointments;
Refers the case back to the Civil Service Tribunal for a ruling to be given on the claim for annulment of the Commission’s decision of 20 April 2011, by which it proposed to the Management Board of the EMA a list of four candidates recommended by the pre-selection panel and approved by the Consultative Committee on Appointments, in view of the heads of claim and pleas in law relied on by Mr Emil Hristov on which the Civil Service Tribunal did not adjudicate;
Reserves the costs.
____________1 OJ C 118, 13.4.2015.