Bonnet v Court of Justice (Staff Regulations) French Text [2006] EUECJ T-406/04 (17 October 2006)

Bonnet v Court of Justice (Staff Regulations) French Text [2006] EUECJ T-406/04 (17 October 2006)

The Tribunal held that the rejection of the applicant's candidacy was an act adversely affecting him and thus challengeable, as a formal recruitment procedure had been opened. However, the Tribunal found that the president of the Court was entitled to require disclosure of significant public activities relevant to...

Source-derived case information.

Citation
[2006] EUECJ T-406/04
Parties
Applicant: André Bonnet; Respondent: Court of Justice of the European Communities
Jurisdiction
European Union
Procedural Posture
Staff Regulations Employment Dispute / Judgment at First Instance
Outcome
application dismissed
Legal Topics
Staff Regulations, Temporary Agents, Recruitment Procedures, Procedural Fairness, Motivation of Administrative Acts, Trust Relationship, Rights of Defence
European Union Law Employment Law Administrative Law Staff Regulations Temporary Agents Recruitment Procedures Procedural Fairness Motivation of Administrative Acts +2 more

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Parties

André Bonnet

Applicant

Court of Justice of the European Communities

Respondent

Procedural Posture

Staff Regulations Employment Dispute / Judgment at First Instance

  1. 1 Whether the rejection of the applicant's candidacy constituted an act adversely affecting him and was thus challengeable
  2. 2 Whether the recruitment procedure complied with internal rules and principles of equal treatment
  3. 3 Whether the decision was properly motivated and respected the applicant's rights of defence

Ratio Decidendi

The Tribunal held that the rejection of the applicant's candidacy was an act adversely affecting him and thus challengeable, as a formal recruitment procedure had been opened. However, the Tribunal found that the president of the Court was entitled to require disclosure of significant public activities relevant to the trust relationship inherent in the post, and the applicant's omission of such information justified the loss of trust. The decision was sufficiently motivated, did not violate the applicant's rights of defence, and was not tainted by error of law or abuse of power. The irregularity in considering late candidacies did not affect the lawfulness of the decision, as the main...

Court Disposition

application dismissed

Orders

  • The application is dismissed in its entirety.
  • Each party shall bear its own costs.