Order — ECLI:EU:F:2008:73
Date: 2008-06-10
Language of the case: French
Court formation: Second Chamber
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Concepts: Equal treatment and non-discrimination;Conditions for success and drawing up of the list of successful candidates
Procedure: Staff cases

Summary Officials – Equal treatment – Recruitment – Competitions (Staff Regulations, Annex III, Art. 5) In an open competition to join the Community civil service, open equally to candidates who have worked or work for an institution and to candidates without such professional experience, statistics showing a higher success rate for candidates in the first group do not give grounds for assuming that there has been discrimination between candidates from either group, since that difference could be accounted for by a number of objective factors such as, for example, better knowledge of the competition field. (see paras 41, 43-44) See: T-294/03 Gibault v Commission [2005] ECR-SC I‑A‑141 and II‑635, para. 53; T-361/03 Vanlangendonck v Commission [2005] ECR-SC I‑A‑377 and II‑1709, para. 52; T-100/04 Giannini v Commission [2008] ECR-SC I-A-2-0000 and II-A-2-0000, para. 157