Judgment of the General Court (Tenth Chamber) of 13 November 2024 –
WS v EUIPO

(Case T‑221/23)

(Civil service – Members of the temporary staff – Recruitment – Selection procedure EXT/22/08/AD 6/DTD–Business Analyst – Decision not to admit the applicant to the next stage of the procedure – Action for annulment – Rule of correspondence – Article 91(2) of the Staff Regulations – Admissibility – Manifest error of assessment – Liability)

Actions brought by officials – Pleas alleging the incompetence of the author of the act adversely affecting the applicant, infringement of essential procedural requirements and the failure to state adequate reasons – Pleas as a matter of public policy – Plea alleging breach of the right to protection of personal data – Not a matter of public policy

(see paragraph 54)

Officials – Decision adversely affecting a person – Rejection of an application – Obligation to state reasons – Scope – Observance of the secrecy of the selection board’s proceedings – Statement of reasons limited to the communication of the scores awarded by the selection board – Whether permissible

(Staff Regulations of Officials, Art. 25, second para. and Annex III, Art. 6)

(see paragraphs 71-75)

3.	Officials – Members of the temporary staff – Recruitment – Assessment of candidates’ abilities – Consideration of comparative merits – Discretion of the Selection Board – Judicial review – Limits – Burden of proof (see paragraphs 76-78)

Operative part

The Court:

1.	Dismisses the action;

2.	Orders WS to pay the costs.