Information;Judgment — ECLI:EU:C:2024:693
Date: 2024-09-05
Language of the case: English
Court formation: Sixth Chamber
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Procedure: Appeal - unfounded;Appeal - inadmissible;Staff cases

Judgment of the Court (Sixth Chamber) of 5 September 2024 – SE v Commission (Case C‑309/23 P) (1) ( Appeal – Civil service – Members of the temporary staff – Recruitment – European Commission’s pilot programme for recruiting junior administrators – Rejection of application – Eligibility conditions – Criterion of a maximum of three years of professional experience – Equal treatment – Discrimination based on age – Competence to adopt the criterion at issue ) 1. Plea of illegality – Scope – Measures the illegality of which may be pleaded – General measure providing the basis of the contested decision – Need for a legal connection between the contested measure and the contested general measure – None – Inadmissibility (Arts 263 and 277 TFEU) (see paragraphs 25-28) 2. Social policy – Equal treatment in employment and occupation – Directive 2000/78 – Prohibition of discrimination on grounds of age – Scope – Prohibition of direct and indirect discrimination (Council Directive 2000/78, Arts 1, 2(1) and (2)(b) and 6(1)(b)) (see paragraph 43) 3. Officials – Members of the temporary staff – Recruitment – Call for expressions of interest with a view to recruiting junior administrators – Eligibility conditions – Criterion concerning the maximum professional experience – Indirect discrimination based on age – Justification of pursuing the objectives of promoting employment and professional training – Whether permissible (Staff Regulations of Officials, Art. 1d(6); Council Directive 2000/78, Art. 6(1)(a)) (see paragraphs 57, 59-61) 4. Appeal – Grounds – Incorrect assessment of the facts and evidence – Inadmissibility – Review by the Court of Justice of the assessment of the facts and evidence – Possible only where the facts or evidence have been distorted (Art. 256(1), second subpara. TFEU; Statute of the Court of Justice, Art. 58, first para.) (see paragraphs 71, 74, 75) 5. Appeal – Grounds – Inadequate statement of reasons – Reliance by the General Court on implied reasoning – Whether permissible – Conditions (Art. 256 TFEU; Statute of the Court of Justice, Art. 36) (see paragraphs 86, 88-90) Operative part The Court: 1. Dismisses the appeal; 2. Orders SE to bear his own costs and to pay those incurred by the European Commission. 1 OJ C 252, 17.7.2023.