Notices for publication in the OJ nº T-137/17 of The General Court, April 21, 2017

• Resolution Date: April 21, 2017
• Issuing Organization: The General Court
• Decision Number: T-137/17

Action brought on 3 March 2017 - Kakol v Commission

(Case T-137/17)

Language of the case: French

Parties

Applicant: Danuta Kakol (Luxembourg, Luxembourg) (represented by: R. Duta, lawyer)

Defendant: European Commission

Form of order sought

Annul the decisions of the selection board of 25 November 2016 and 2 May 2016 according to which the applicant’s candidature, pre-qualified for competition EPSO/AD/177/10-AUDIT2013-Administrators-D5, was rejected;

Order the defendant to make payment of the amount of EUR 5 000, otherwise for any other amount, even greater, to be set by the Court in compensation for the vexatious manner in which the applicant’s candidature was handled;

Order all duties ascribed by law to be undertaken;

Order the defendant to pay all the costs and fees of the case.

Pleas in law and main arguments

The present action is brought in essence against the decisions of 25 November 2016 and [2] May 2016 according to which the applicant’s candidature for the EPSO/AD/177/10-AUDIT2013-Administrators-D5 competition, was rejected on the ground that she did not satisfy the conditions for admissions as regards the education requirements.

In support of the action, the applicant relies on five pleas in law.

1. First plea in law, alleging a lack of delegation by the selection board as regards the decision of 2 May 2016.

   The applicant submits in that regard that a number of indications show that it is not possible that the decision of 2 May 2016 was taken by the selection board.

2. Second plea in law, alleging infringement of the principle of legitimate expectations, legal certainty and estoppel.

   The applicant asserts that the administration gave precise assurances as regards the competition for which she had previously applied, namely competition EPSO/AD/172/09, that...