Judgment — ECLI:EU:F:2009:153
Date: 2009-11-17
Language of the case: French
Court formation: First Chamber
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Concepts: Conditions for admission
Procedure: Staff cases - successful

Summary Officials – Competitions – Conditions for admission (Staff Regulations, Art. 27, first para.) The appointing authority has a wide discretion in deciding upon the criteria of ability required for the posts to be filled and in specifying, on the basis of those criteria and in the interests of the service, the conditions and procedure for organising a competition. However, the exercise of the discretion enjoyed by the institutions with respect to the holding of competitions, in particular as regards setting the conditions of admission of candidates, is circumscribed by the requirement that they comply with the mandatory provisions of the first paragraph of Article 27 of the Staff Regulations. The terms in which the first paragraph of Article 27 of the Staff Regulations defines the aim to be pursued by any recruitment are mandatory. That provision continues to bind the appointing authority and both the requirements attaching to the post to be filled and the interests of the service can be conceived of only in full compliance with that provision. However, although clauses limiting the registration of candidates for a competition are liable to restrict the ability of the institutions to recruit the best candidates for the purposes of the first paragraph of Article 27 of the Staff Regulations, it does not follow that any clause containing such a restriction is contrary to that article. The administration’s discretion in the organisation of competitions, and more generally in the interests of the service, offers the institution the right to impose conditions which it considers to be appropriate and which, while restricting access of candidates to a competition, and thus, necessarily, the number of candidates registered, does not, however, entail the risk of compromising the objective of ensuring the registration of candidates of the highest standard of ability, efficiency and integrity within the meaning of the first paragraph of Article 27 of the Staff Regulations. If the requirements limiting access of candidates to a competition entail the risk of compromising the objective of ensuring the registration of candidates of the highest standard, the requirements in question are to be held contrary to the first paragraph of Article 27 of the Staff Regulations. For it to be lawful, any clause for admission to a competition must comply with a dual requirement, first, that the clause be justified by requirements connected with the post to be filled and, more generally, by the interests of the service and, second, that it comply with the objective of the first paragraph of Article 27 of the Staff Regulations. Although, most frequently, those two parts of the dual requirement largely overlap, they are none the less distinct concepts. (see paras 27-30, 32, 35) See: T-56/89 Bataille and Others v Parliament [1990] ECR II‑597, para. 48; T-40/96 and T-55/96 de Kerros and Kohn-Bergé v Commission [1997] ECR-SC I‑A‑47 and II‑135, paras 40 and 51; T-256/01 Pyres v Commission [2005] ECR-SC I‑A‑23 and II‑99, para. 36; T-420/04 Blackler v Parliament [2006] ECR-SC I‑A‑2‑185 and II‑A‑2‑943, para. 45 and the case-law cited therein