Montalto v Council (Staff Regulations) French Text [2004] EUECJ T-116/03 (09 November 2004)

Montalto v Council (Staff Regulations) French Text [2004] EUECJ T-116/03 (09 November 2004)

The Tribunal found that the selection procedure was vitiated by irregularities, including errors and omissions in the evaluation of the applicant's qualifications and language skills, and a failure to formally verify language requirements as set out in the vacancy notice. These irregularities were capable of...

Source-derived case information.

Citation
[2004] EUECJ T-116/03
Parties
Applicant: Oreste Montalto; Respondent: Council of the European Union
Jurisdiction
European Union
Procedural Posture
Staff Regulations Annulment and Damages / Judgment at First Instance
Outcome
application granted in part
Legal Topics
Staff Regulations, Recruitment Procedures, Equality of Treatment, Judicial Review, Annulment, Damages
European Union Law Employment Law Administrative Law Staff Regulations Recruitment Procedures Equality of Treatment Judicial Review Annulment +1 more

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Parties

Oreste Montalto

Applicant

Council of the European Union

Respondent

Procedural Posture

Staff Regulations Annulment and Damages / Judgment at First Instance

  1. 1 Whether the selection procedure for the appointment of a president of a chamber of appeal at OHMI complied with the applicable legal framework and principles of equal treatment.
  2. 2 Whether errors and omissions in the evaluation of the applicant's qualifications and experience vitiated the selection process.
  3. 3 Whether the Council's decision should be annulled and damages awarded.

Ratio Decidendi

The Tribunal found that the selection procedure was vitiated by irregularities, including errors and omissions in the evaluation of the applicant's qualifications and language skills, and a failure to formally verify language requirements as set out in the vacancy notice. These irregularities were capable of affecting the outcome and thus vitiated the selection process, warranting annulment of the appointment decision.

Court Disposition

application granted in part

Orders

  • The decision of the Council of 23 May 2002 appointing a president of a chamber of appeal at OHMI is annulled.
  • The Council is ordered to pay the applicant's costs.