ECLI:EU:C:2024:247

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ORDER OF THE COURT (Fourth Chamber)

13 March 2024 ( *1 )

(Rectification of judgment)

In Case C‑785/22 P-REC,

APPEAL under Article 56 of the Statute of the Court of Justice of the European Union, brought on 27 December 2022,

Eulex Kosovo, established in Pristina (Kosovo), represented by L.-G. Wigemark, acting as Agent, and by E. Raoult, avocate,

appellant,

the other party to the proceedings being:

SC, represented by A. Kunst, Rechtsanwältin,

applicant at first instance,

THE COURT (Fourth Chamber),

composed of C. Lycourgos, President of the Chamber, O. Spineanu-Matei, J.‑C. Bonichot (Rapporteur), S. Rodin and L.S. Rossi, Judges,

Advocate General: L. Medina,

Registrar: A. Calot Escobar,

after hearing the Advocate General,

makes the following

Order

1	On 18 January 2024, the Court (Fourth Chamber) delivered the judgment in Eulex Kosovo v SC (C‑785/22 P, EU:C:2024:52).

2	That judgment, in the version in the language of the case, contains errors which it is appropriate to rectify at the request of SC, pursuant to Article 154(1) of the Rules of Procedure of the Court of Justice, which applies to the procedure on appeal pursuant to Article 190(1) of those rules.

On those grounds, the Court (Fourth Chamber) hereby orders:

Paragraph 8 of the judgment of 18 January 2024, Eulex Kosovo v SC (C‑785/22 P, EU:C:2024:52), in its version in the language of the case, shall be rectified as follows:

‘In April 2014, SC was the subject of an unfavourable evaluation report by her line-manager, against which she brought a complaint, disputing the assessments contained therein and raising irregularities committed in the evaluation procedure.’

2.	Paragraph 9 of that judgment shall be rectified as follows: ‘On 12 August 2014, the head of the Eulex Kosovo Mission adopted a decision annulling that report on account of the failure by SC’s line-manager to comply with various procedural requirements.’

Paragraph 10 of that judgment shall be rectified as follows:

‘In the summer of 2014, SC participated in an internal competition organised by Eulex Kosovo for the recruitment of prosecutors, in which, as she was informed by her line-manager on 19 August 2014, she was unsuccessful. SC challenged that result, arguing that the composition of the selection board was irregular on the grounds that not only were two of its members of the same nationality, but also the presence of her line-manager was such as to raise doubts as to the impartiality of the procedure.’

Paragraph 13 of that judgment shall be rectified as follows:

‘In 2016, SC participated in a new internal competition for the recruitment of prosecutors, organised following the adoption of a decision to reduce the mission’s posts, in which competition only the persons who obtained sufficient results would have their contract renewed. On 30 September 2016, SC was informed that she had not been successful in that internal competition and that her contract would therefore not be renewed. SC brought a complaint against that decision, submitting that the chairperson of the selection board, in the present case her line-manager, had a “conflict of interests”, which rendered the competition procedure irregular. The Head of Mission rejected that complaint and the request for arbitration subsequently made by SC.’

5.	The original of the present order shall be annexed to the original of the rectified judgment. A note of this order shall be made in the margin of the original of the rectified judgment.

Luxembourg, 13 March 2024.

A. Calot Escobar

Registrar

C. Lycourgos

President of the Chamber

( *1 ) Language of the case: English.

Rectification order of 13 March 2024.#Eulex Kosovo v SC.#Rectification of judgment.#Case C-785/22 P.

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