Judgment_paragraph 90 · SU v European Insurance and Occupational Pensions Authority (T-296/21)

90As a preliminary point, it should be borne in mind that the definitive nature of the loss of opportunity is assessed at the time when the Courts of the European Union rule, taking into account all the circumstances of the present case, including factors subsequent to the adoption of the unlawful act giving rise to the damage (see, to that effect, judgments of 6 June 2006, Girardot v Commission, T‑10/02, EU:T:2006:148, paragraph 50, in which account is taken of the fact that the posts for which the applicant applied have since been filled, and of 14 July 2021, Carbajo Ferrero v Parliament, T‑670/19, not published, under appeal, EU:T:2021:435, paragraph 164, in which account was taken of events that had not yet materialised at the time of delivery of the judgment of the General Court, such as the imminent retirement of the applicant).