Judgment of the Court (Third Chamber) of 28 February 2008.

JUDGMENT OF THE COURT (Third Chamber)

28 February 2008

Case C-17/07 P

Wineke Neirinck

v

Commission of the European Communities

(Appeal – Civil service – Temporary staff – Contract staff – Office for Infrastructure and Logistics in Brussels (OIB) – Recruitment procedure – Rejection of candidature – Action for annulment – Action for damages)

Appeal: against the judgment of the Court of First Instance (Second Chamber) in Case T‑494/04 Neirinck v Commission [2006] ECR-SC I-A-2-259 and II-A-2-1345, dismissing the application of the appellant seeking (i) annulment of the Commission’s

decisions rejecting her candidature for the post of lawyer in the Buildings Policy sector of the Office for Infrastructure

and Logistics in Brussels (OIB) and appointing another applicant to that post and (ii) award of damages.

Held: the judgment of the Court of First Instance in Case T‑494/04 Neirinck v Commission is annulled in so far as the Court dismissed the plea in law alleging that an infringement of the obligation to state reasons

vitiated the decision of the Commission of the European Communities of 27 April 2004 informing Mrs Neirinck that she had failed

the oral examination within the recruitment procedure for the post of lawyer in the Buildings Policy sector of the Office

for Infrastructure and Logistics in Brussels, as a member of contract staff. The appeal is dismissed as to the remainder.

The decision of the Commission of the European Communities of 27 April 2004 informing Mrs Neirinck that she had failed the

oral examination within the recruitment procedure for the post of lawyer in the Buildings Policy sector of the Office for

Infrastructure and Logistics in Brussels, as a member of contract staff is annulled. The action is dismissed as to the remainder.

The Commission of the European Communities is ordered to pay, in addition to its own costs, the entire costs of Mrs Neirinck

before the Court of Justice of the European Communities and before the Court of First Instance of the European Communities.

Summary

1Appeals – Grounds – Admissibility – Examination by the Court of its own motion

2Appeals – Grounds – Mere repetition of the pleas and arguments put forward before the Court of First Instance – Error of law

relied on not identified – Inadmissible

(Art. 225 EC; Statute of the Court of Justice, Art. 58, first para.; Rules of Procedure of the Court, Art. 112(1)(c))

3Officials – Actions – Interest in bringing proceedings – Actions for annulment brought against an appointment by an applicant

who could not himself be appointed – Inadmissible

(Staff Regulations of Officials, Arts 90 and 91)

4Officials – Decision adversely affecting an official – Rejection of candidature – Obligation to state the reasons on which

the decision is based – Regularisation of a lack of reasoning during the procedure before the Court – Conditions

(Art. 253 EC; Staff Regulations of Officials, Arts 25, second para., and 90(2))

5Officials – Contract staff – Recruitment – Assessment of the suitability of candidates – Discretion of the Selection Board

• Judicial review – Limits (Staff Regulations of Officials, Annex III; Conditions of Employment of Other Servants, Art. 82)

6Officials – Actions – Actions for damages – Annulment of the illegal act in dispute – Sufficient compensation

(Staff Regulations of Officials, Art. 91)