Judgment of the General Court of 12 May 2010 — European Commission v Meierhofer

(Case T-560/08 P) (1)

(Appeals - Civil service - Recruitment - Open competition - Decision that a candidate had failed the oral test - Commission’s refusal to comply with a measure of organisation of procedure)

(2010/C 179/65)

Language of the case: German

Parties

Appellant: European Commission (represented by: J. Currall and B. Eggers, acting as Agents, assisted by B. Wägenbaur, lawyer)

Other party to the proceedings: Stefan Meierhofer (Munich, Germany) (represented by: H. -G. Schiessl, lawyer)

Re:

APPEAL against the judgment of the European Union Civil Service Tribunal (First Chamber) of 14 October 2008 in Case F-74/07 Meierhofer v Commission [2008] ECR-SC I A 1-0000 and II A-1-0000 seeking to have that judgment set aside

Operative part of the judgment

The Court:

1.	Sets aside the judgment of the Civil Service Tribunal of 14 October 2008 in Case F-74/07 Meirehofer v Commission [2008] ECR-SC A-I-1-0000 and II-A-1-0000;

2.	Refers the case back to the Civil Service Tribunal.

3.	Reserves the costs.

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(1)  OJ C 55, 7.3.2009.