The EU’s second-highest court ruled on Wednesday, July 23rd, that the European Commission breached its own rules in a senior staff appointment, dealing a setback to Commission President Ursula von der Leyen and her chief of staff, Björn Seibert.
The General Court sided with Commission official James Flett, who challenged his exclusion from a top legal post in trade policy in 2022. The final interview for the role was conducted by Seibert, not von der Leyen—despite internal rules allowing such delegation only in “exceptional, justified cases.”
The court found the delegation of the interview duty was unlawful and annulled the appointment decision, stating that the Commission failed to justify the move based on “imperative service needs.”
The ruling increases scrutiny of von der Leyen’s management style and the central role of her inner circle. Critics have long accused her team of over-centralizing key decisions, including appointments.
The Commission has 2 months and 10 days to appeal. In the meantime, it must fill the vacant position of principal legal adviser for trade and WTO matters—currently held by Mikko Huttunen, who also served as lead lawyer on the Commission’s COVID-19 vaccine team.
