The General Court of the European Union rejected Anna Carla Almeida’s request to annul the appointment of Portuguese prosecutor José Guerra to the European Public Prosecutor’s Office, but the magistrate announced, on Tuesday 13 July, that she intends to appeal the decision to the Court of Justice of the EU, according to the Portuguese news agency Lusa.
Controversy over Mr Guerra’s appointment dates back a year (see EUROPE 12629/8), when several local media outlets revealed a letter sent to the EU Council by the Portuguese government presenting erroneous information about Mr Guerra’s curriculum vitae in order to favour this candidate, while the selection committee of the European Public Prosecutor’s Office had considered Anna Carla Almeida to be the best candidate for the post.
The Portuguese government has always denied accusations that it voluntarily interfered in this appointment (see EUROPE 12635/4).
On 8 July, the General Court of the EU ruled inadmissible the action for annulment filed in February 2021 by Ms Almeida, who considered the Portuguese government’s procedure to be illegitimate, on the grounds that the time limit for appealing had expired in October 2020.
But the magistrate argues that she would have been unable to file an appeal earlier, as she only learned of the Portuguese government’s letter after the legal deadline. (Original version in French by Marion Fontana)