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( Civil service - Members of the temporary staff - Recruitment - Vacancy notice - Rejection of application - Action for annulment - Representation of an institution by one of its agents - Interest in bringing proceedings - Admissibility - Obligation to state reasons - Principle of good administration - Liability - Non-material damage )
European Union Agency for Cybersecurity (ENISA), represented by C. Chalanouli, acting as Agent, and by B. Wägenbaur, lawyer,
composed of L. Truchot, President, M. Sampol Pucurull and T. Perišin (Rapporteur), Judges,
By her action based on Article 270 TFEU, the applicant, TB, seeks (i) the annulment, first, of the decision of the Selection Board of the European Union Agency for Cybersecurity (ENISA) of 10 November 2020 not to place her name on the list of successful candidates in respect of the post of Head of Unit ‘Executive Director Office’ and, second, in essence, of the decision of the Selection Board of ENISA of 12 January 2021 not to accept her application for the post of Head of Unit ‘Corporate Support Services’, and (ii) compensation for the non-material damage which she claims to have suffered.
On 1 November 2017, the applicant was engaged by ENISA as a member of the temporary staff, at grade AD 9, under Article 2(f) of the Conditions of Employment of Other Servants of the European Union, in order to fill the post of Head of Unit ‘Finance and Procurement’ for a period of three years until 31 October 2020.
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