Judgment of the Civil Service Tribunal (Second Chamber) of 18 September 2012 – Cuallado Martorell v Commission

(Case F-96/09) 1

(Civil service – Open competition – Non-admission to the oral test following results obtained in written tests – Requests for review – Specific right of candidates to have access to certain information concerning them – Purpose and scope – Right of access to corrected written tests – None)

Language of the case: Spanish


Applicant: Eva Cuallado Martorell (Augsburg, Germany) (represented by: M. Díez Lorenzo, lawyer)

Defendant: European Commission (represented by: B. Eggers and J. Baquero Cruz, Agents)


Civil service – Action seeking, first, annulment of the decision not to admit the applicant to the oral test in Open Competition EPSO/AD/130/08 and to deny her access to the corrected written tests and, secondly, annulment with retroactive effect of the reserve list published following the competition tests.

Operative part of the judgment

The Tribunal:

Dismisses the action;

Orders the European Commission to bear its own costs and to pay the costs incurred by Ms Cuallado Martorell.



1 OJ C 148, 5.6.2010, p. 54.