Judgement T-99/18 Case Analysis

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Questions and Answers

What was ENISA's approach in communicating marks to the applicant in the current case?

Marks were requested by the Ombudsman.

Marks were withheld until a later date.

Marks were communicated prior to any complaint. (correct)

Marks were communicated after the Ombudsman’s intervention.

Which selection criterion was NOT mentioned as being underestimated by the applicant?

Strong ability to analyse complex information

Excellent negotiation skills

High degree of organisational skills

Leadership ability (correct)

What did the applicant claim regarding ENISA's assessment of his skills?

The assessment was overly favorable.

The assessment was inconsistent with his qualifications. (correct)

The assessment accurately reflected his skills.

The assessment was conducted by an independent party.

What are the selection criteria mentioned by the applicant related to communication skills?

Strong communication skills in English Signup and view all the answers

What did ENISA comply with in its rejection of the applicant's claim?

Its duty to state reasons for rejecting the application Signup and view all the answers

What is the primary basis of the applicant's argument regarding manifest errors of assessment?

Objective inconsistencies between qualifications and marks. Signup and view all the answers

Which of the following criteria emphasizes the ability to handle external changes effectively?

Effectiveness criterion Signup and view all the answers

Why could ENISA have made the contested decision more acceptable to the applicant?

By explaining the reasons for the rejection in greater detail Signup and view all the answers

How did the Ombudsman’s decision differ in relation to ENISA's recommendation?

It involved earlier intervention before communication. Signup and view all the answers

What cannot be required from ENISA in terms of providing information on selection criteria?

To communicate the standard for maximum marks Signup and view all the answers

What principle governs the confidentiality of the selection committee's proceedings?

The secrecy of comparative assessments Signup and view all the answers

What skill related to managing people is included as a selection criterion by ENISA?

Strong ability to manage people and conflicts Signup and view all the answers

Which statement accurately reflects the relationship between the Ombudsman’s conclusions and the European Union Courts?

The Ombudsman’s conclusions do not bind the European Union Courts. Signup and view all the answers

What is considered when assessing candidates' respective merits?

The comprehensive qualifications of the candidates Signup and view all the answers

What type of information was ENISA required to provide to the applicant following the rejection?

The scores for each of the selection criteria Signup and view all the answers

What could be perceived as an infringement of the principle of sound administration?

Providing insufficient reasons for rejecting an application Signup and view all the answers

What is the primary concern regarding the decisions taken by a selection board?

Reconciling the duty to state reasons with secrecy Signup and view all the answers

Which of the following is considered an adequate statement of reasons for selection board decisions?

Scores obtained in various tests Signup and view all the answers

What was the purpose of introducing secrecy in selection board proceedings?

To protect the integrity and objectivity of the selection process Signup and view all the answers

What type of reasoning must be balanced with the secrecy surrounding selection board processes?

The obligation to state reasons for decisions Signup and view all the answers

Which judgment emphasizes the importance of stating reasons for decisions taken by selection boards?

Neirinck v Commission Signup and view all the answers

How does the selection board ensure objectivity during its proceedings?

By maintaining the confidentiality of selection processes Signup and view all the answers

Which article of the Staff Regulations is referenced regarding the secrecy of selection board proceedings?

Article 6 Signup and view all the answers

What is a common misconception about the information communicated following selection board decisions?

Scores should not be disclosed to ensure fairness Signup and view all the answers

What is primarily required from candidates during a competition regarding their applications?

To provide all necessary information and documents Signup and view all the answers

What does the applicant's claim about his professional experience lack?

Specific evidence to support his assertions Signup and view all the answers

How is an applicant's self-assessed language knowledge treated in the evaluation process?

It does not amount to conclusive evidence of error Signup and view all the answers

What aspect of the applicant's background was mentioned to complement the linguistic criterion?

His living experience in the United Kingdom Signup and view all the answers

What does the case-law state regarding the assessment of an applicant's qualifications?

The burden of evidence lies with the applicant Signup and view all the answers

In the context of the assessments, what is the implication of a 'manifest error'?

A significant misjudgment by the selection board Signup and view all the answers

What conclusion is drawn regarding the applicant's efforts to prove errors in assessments?

They lack sufficient substantiation to support claims Signup and view all the answers

Which criterion was emphasized in the applicant's past professional experience?

Effectiveness of previous roles Signup and view all the answers

What educational background is required for applicants in this selection process?

University degree in relevant fields such as Finance or Economics Signup and view all the answers

What is the maximum number of candidates that can be invited for the selection interview and written test?

8 candidates Signup and view all the answers

What type of test may shortlisted candidates be required to undergo?

A personality test Signup and view all the answers

What role does the Selection Committee play in the selection process?

Decide on candidates to be admitted based on application requirements Signup and view all the answers

On what date was Mr. Grigorios Stamatopoulos's application submitted for the head of unit position?

11 May 2017 Signup and view all the answers

What was the purpose of the email sent by Mr. Stamatopoulos on 14 June 2017?

To inquire about the progress of the selection procedure Signup and view all the answers

Which of the following best describes the formation of the Selection Committee?

Created by decision No 31/2007 of the Executive Director of ENISA Signup and view all the answers

What is a criterion for low scoring in the selection process?

University degree or relevant diploma in pertinent fields Signup and view all the answers

What does the applicant claim regarding the threshold for selection set by the committee?

It was arbitrary and unlawful. Signup and view all the answers

What principle did the applicant claim was infringed by the selection committee's actions?

Equal treatment and transparency. Signup and view all the answers

What information was given in the vacancy notice regarding the points threshold?

The selection committee would determine a threshold later. Signup and view all the answers

When was the threshold of 34.3 points set by the selection committee?

After the application deadline but before examining applications. Signup and view all the answers

What maximum number of candidates was stated in the vacancy notice to be invited to the tests?

Eight candidates. Signup and view all the answers

What does the applicant suggest the selection committee should have done prior to submission of applications?

Establish the required points threshold. Signup and view all the answers

How did the applicant describe the selection committee's conduct?

As reminiscent of maladministration. Signup and view all the answers

What argument might suggest the committee acted legally regarding the threshold?

The vacancy notice allowed for setting thresholds later. Signup and view all the answers

Study Notes

Judgement of the General Court (Ninth Chamber)

Date: 8 May 2019
Case: T-99/18
Applicant: Grigorios Stamatopoulos
Defendant: European Union Agency for Network and Information Security (ENISA)
Dispute: Rejection of application for Head of Finance and Procurement position; compensation for alleged harm.

Background to the Dispute

ENISA Vacancy Notice: Published 31 March 2017; for temporary staff position (Head of Finance and Procurement).
Position: Grade AD9; 3-year renewable 5-year contract.
Vacancy Notice Criteria: Outlined eligibility and selection criteria for applicants.

Selection Criteria

High Scoring Criteria (5 points each):
- 12+ years professional experience in finance, 6 in management.
- Proven procurement/public procurement experience.
- Very good knowledge of financial regulations and tools.
- Excellent negotiation and problem-solving skills.
- Strong communication skills (written and verbal).
- Ability to work effectively with stakeholders.
- Ability to manage people and conflicts.
- Ability to meet deadlines.
Low Scoring Criteria (2 points each):
- University degree in relevant fields.
- Familiarity with the position in a European EU institution.

Selection Procedure

Selection Committee: Created by ENISA decision 31/2007 (May 17, 2017); Guidelines to committee members (May 31, 2017).
Application: Applicants include Mr. Grigorios Stamatopoulos (May 11, 2017).
Applicant Inquiry: Stamatopoulos inquired about procedure progress (June 14, 2017).
Interview Threshold: Selection committee set interview threshold of 70% (34.3 points out of 49).
Rejection of Applicant: On July 25, 2017, ENISA informed applicant of his decision (not selected to attend interview).
Complaint: Applicant lodged complaint (August 1, 2017); ENISA dismissed on November 9, 2017.
Applicant Score: Applicant's total score (32 points) was below threshold (34.3).
Selection Committee Process: ENISA conducted eligibility assessment; eight candidates selected for interview.

Procedure and Court Action

Action brought to Court: By document lodged at the Court Registry on February 19, 2018.
Procedure: Case heard without oral submissions; decided on basis of submitted documents.
Applicant Claim: Annulment of decision/rejection; damages (5,000€).
ENISA Response: Dismiss the applicant’s action/ claim; Order applicant to pay costs.

Judgement, Discussion and Conclusions

Court's Ruling: Dismiss the applicant's action.
Reasons for Dismissal: Applicant failed to prove sufficient grounds for the Court to overturn the selection decision. The selection, despite alleged errors of assessment, did not violate regulations.
Applicant's Argument: Case relies on insufficient reasoning (lack of explanation for points awarded to other candidates), failure to state reasons due to confidentiality, manifest errors in assessment.
Key Points:
- Court upholds the discretion of the selection committee within the established criteria and rules.
- Court emphasizes the need for specific evidence of manifest error.

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Description

Explore the intricacies of the Judgement of the General Court regarding case T-99/18, where Grigorios Stamatopoulos challenged the rejection of his application for the Head of Finance and Procurement position at ENISA. This quiz examines the criteria, background, and implications of the judgment.