Judgment of the General Court of 9 December 2010 - Commission v Strack
(Appeal - Cross-appeal - Civil Service - Officials - Recruitment - Vacancy notice - Rejection of candidature - Appointment to a post of head of unit - Action for annulment - Admissibility - Interest in bringing proceedings - Action for damages - Non-material damage)
Language of the case: German
Parties
Appellant: European Commission (represented by: H. Kramer and B. Eggers, agents)
Other party to the proceedings: Guido Strack (Cologne, Germany) (represented by: H. Tettenborn, lawyer)
Re:
Appeal against the judgment of the Civil Service Tribunal of the European Union (Second Chamber) of 25 September 2008 in Case F-44/05 Strack v Commission (not published in the ECR) seeking to have that judgment set aside in part.
Operative part of the judgment
The Court:
Annuls paragraphs 1, 2, 3, 5 and 6 of the operative part of the judgment of the Civil Service Tribunal of the European Union (Second Chamber) of 25 September 2008 in Case F-44/05 Strack v Commission.
Dismisses the cross-appeal as to the remainder.
Refers the case back to the Civil Service Tribunal for a ruling on the claims for annulment of the decision to appoint Mr A. to the post of head of the 'Calls for tenders and contracts' unit of the Office for Official Publications of the European Communities and the decision to reject Mr Guido Strack's candidature for that post, on the claims for compensation for the non-material damage purportedly suffered by Mr Strack in the sum of EUR 200, and on costs.
Costs reserved.
____________1 - OJ C 44, 21.2.2009.