Appeal brought on 30 May 2024 by European Commission against the judgment of the General Court (Tenth Chamber) delivered on 20 March 2024 in Case T-623/18, EO v Commission

(Case C-385/24 P)

Language of the case: English

Parties

Appellant: European Commission (represented by: I. Melo Sampaio, D. Milanowska, G. Gattinara, Agents)

Other parties to the proceedings: EO

Form of order sought

The appellant claims that the Court should:

set aside the judgment under appeal and

order the Applicant at first instance to pay the costs of the procedure.

Pleas in law and main arguments

The Appellant submits three grounds of appeal.

First, the General Court erred in the interpretation of the effects of a previous judgment annulling a notice of competition on the legality of the contested decision of the Selection Board, by holding that to the annulment of the notice should follow as an automatic consequence the annulment of the contested decision.

Second, the General Court distorted the facts concerning the linguistic skills of the Applicant in first instance by omitting to consider facts available to it and that unequivocally showed that there could be no close connection between the illegality of the notice of competition and that of the contested decision of the Selection Board.

Third, the General Court infringed the obligation to motivate its own judgments since, on the one hand, it did not explain why it was unnecessary to decide on the admissibility of the plea of illegality of the notice of competition raised by the Applicant in first instance and, on the other, when turning to the consequences of the annulment of the contested decision, it contradicted its previous assessment regarding the automatic annulment of that decision.

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