Judgment — ECLI:EU:T:2019:335
Date: 2019-05-16
Language of the case: English
Court formation: Seventh Chamber
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Procedure: Staff cases - successful

Judgment of the General Court (Seventh Chamber) of 16 May 2019 — Nerantzaki v Commission (Case T‑813/17) (Civil service — Officials — Recruitment — Notice of competition — Open competition EPSO/AD/331/16 — Conditions for admission — Decision of the selection board not to admit the applicant to the next stage of the competition — Error of law) 1. Actions brought by officials — Act adversely affecting an official — Decision adopted after reconsideration of a previous decision — Decision adopted by a competition selection board after reviewing the file of a candidate not admitted to the competition (Staff Regulations of Officials, Arts 90(2) and 91(1)) (see para. 25) 2. Officials — Recruitment — Competitions — Competition based on qualifications and tests — Conditions for admission — Fixing by the competition notice — Selection board’s assessment of candidates’ professional experience — Assessment solely in the light of the description of the duties relating to the position to be filled departing from the requirements of the competition notice — Not permissible (Staff Regulations of Officials, Arts 28 and 29 and Annex III) (see paras 37, 40-45) Re Application under Article 270 TFEU for annulment of, first, the decision of the selection board of 15 May 2017 not to admit the applicant to the next stage of Open Competition EPSO/AD/331/16 and, second, the decision of the appointing authority of 14 September 2017 rejecting the applicant’s complaint against the decision of the competition selection board not to admit the applicant to the next stage of that competition. Operative part The Court: 1. Annuls the decision of the selection board of 15 May 2017 not to admit Ms Eleni Nerantzaki to the next stage of Open Competition EPSO/AD/331/16; 2. Orders the European Commission to pay the costs.