Judgment_paragraph 77 · European Parliament v Fernando Carbajo Ferrero (C-613/21 P)

77As regards the second complaint, the Parliament cannot rely on the judgment of 13 December 1990, Kalavros v Court of Justice (T‑160/89 and T‑161/89, EU:T:1990:86). In the case that gave rise to that judgment, unlike in the present case, first, the document containing alleged errors had been submitted to the appointing authority in the context of an initial examination of the applications and the applicant in that case was among the candidates selected following that first selection, so that those errors, even if established, were not such as to affect him adversely. Secondly, in that case, as is apparent from paragraph 53 of that judgment, during the final selection the members of the administrative committee and then the members of the General Court had at their disposal the complete file for each of the candidates, which does not correspond to a situation in which there is only a mere option of consultation before the meeting of the appointing authority, contrary to what was found in the present case in paragraph 90 of the judgment under appeal. Accordingly, that complaint is unfounded.