Duym v Council (Judgment) French Text [2019] EUECJ T-549/17 (07 February 2019)

Duym v Council (Judgment) French Text [2019] EUECJ T-549/17 (07 February 2019)

The Tribunal held that the rejection of the applicant's candidacy and the appointment of another candidate were properly reasoned, followed the procedures and requirements set out in the vacancy notice, and did not violate the principles of good administration, non-discrimination, or proportionality. The appointing...

Source-derived case information.

Citation
[2019] EUECJ T-549/17
Parties
Applicant: Frederik Duym; Respondent: Council of the European Union
Jurisdiction
European Union
Procedural Posture
Annulment Action (eu Staff Case) / Final Judgment
Outcome
application dismissed
Legal Topics
Obligation to State Reasons, Principle of Good Administration, Manifest Error of Assessment, Non Discrimination, Equality of Treatment, Proportionality, Language Discrimination, Sex Discrimination
EU Administrative Law Employment Law Public Service Law Obligation to State Reasons Principle of Good Administration Manifest Error of Assessment Non Discrimination Equality of Treatment +3 more

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Summary, issues, holding and outcome

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Parties

Frederik Duym

Applicant

Council of the European Union

Respondent

Procedural Posture

Annulment Action (eu Staff Case) / Final Judgment

  1. 1 Whether the rejection of the applicant's candidacy and the appointment of another candidate violated the obligation to state reasons, the principle of good administration, the interest of the service, the prohibition of manifest error, and the principles of non-discrimination and proportionality.

Ratio Decidendi

The Tribunal held that the rejection of the applicant's candidacy and the appointment of another candidate were properly reasoned, followed the procedures and requirements set out in the vacancy notice, and did not violate the principles of good administration, non-discrimination, or proportionality. The appointing authority did not commit a manifest error of assessment, and the applicant failed to establish any discrimination based on language or sex.

Court Disposition

application dismissed

Orders

  • The application is rejected.
  • Mr. Frederik Duym is ordered to bear his own costs and those incurred by the Council of the European Union.