Judgment;Information — ECLI:EU:T:2022:507
Date: 2022-09-07
Language of the case: French
Court formation: First Chamber
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Procedure: Staff cases - unfounded

Judgment of the General Court (First Chamber) of 7 September 2022 – Migadakis v ENISA (Case T‑507/21) (1) (Civil service – Members of the temporary staff – Recruitment – Call for expressions of interest – Video examination – Minimum points threshold – Equality of treatment – Whether marking was objective) 1. Officials – Members of the temporary staff – Recruitment – Call for applications – Procedures for the tests – Administration’s discretion – Requirement to specify in the call for applications that the tests will be conducted remotely and the points threshold to be reached – None (Conditions of Employment of Other Servants, Art. 12(1), first subpara.) (see paragraphs 32-36, 93) 2. Officials – Members of the temporary staff – Recruitment – Call for applications – Duty of the administration to ensure that tests are conducted smoothly and properly for all candidates – Scope – Breach of the principle of equal treatment – Conditions (Conditions of Employment of Other Servants, Art. 12) (see paragraphs 61, 62, 65) 3. Actions brought by officials – Prior administrative complaint – Correspondence between the complaint and the application – Same subject matter and legal basis – Pleas and arguments not appearing in the complaint, but seeking to challenge the validity of the reasoning set out in the response to the complaint – Admissibility (Staff Regulations of Officials, Arts 90 and 91) (see paragraphs 70, 72, 73) 4. Officials – Members of the temporary staff – Recruitment – Call for applications – Content of the tests – Discretion of the Selection Board – Judicial review – Limits (Conditions of Employment of Other Servants, Art. 12) (see paragraphs 77, 86, 90, 98) 5. Officials – Members of the temporary staff – Recruitment – Call for applications – Assessment of the aptitudes of candidates – Consideration of comparative merits – Discretion of the Selection Board – Judicial review – Limits (Conditions of Employment of Other Servants, Art. 12) (see paragraphs 78, 79, 85, 93, 99, 110, 118) Operative part The Court: 1. Dismisses the action; 2. Orders Mr Ioannis Migadakis to pay the costs. 1 OJ C 422, 18.10.2021.