Information;Judgment — ECLI:EU:T:2021:766
Date: 2021-11-10
Language of the case: French
Court formation: Fourth Chamber
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Procedure: Staff cases - successful

Judgment of the General Court (Fourth Chamber) of 10 November 2021 – Spisto v Commission (Case T‑572/20) (Civil service – Officials – Recruitment – Notice of Open Competition EPSO/AD/371/19 – Decision of the Selection Board to exclude the applicant from the next phase of the competition – Criterion to assess professional experience – Compliance of criterion applied by the Selection Board with the competition notice) 1. Officials – Competitions – Competition based on qualifications and tests – Conditions for admission – Fixing by the competition notice – Selection board’s assessment of candidates’ professional experience – Judicial review – Limits (Staff Regulations of Officials, Annex III) (see para. 30) 2. Officials – Competitions – Competition based on qualifications and tests – Conditions for admission – Fixing by the competition notice – Selection board’s assessment of candidates’ professional experience – Recourse to an assessment criterion not set out as selection criterion in the competition notice – Not permissible (Staff Regulations of Officials, Annex III, Arts 1(1) and 5, first para.) (see paras 31, 33, 35, 42-44, 48) Re: Application under Article 270 TFEU for annulment of, first, the decision of the Selection Board of 24 September 2019 rejecting the request for a review of the refusal to admit the applicant to the next phase of Open Competition EPSO/AD/371/19, and, second, the decision of the appointing authority of 26 May 2020 rejecting the complaint of the applicant against that decision. Operative part The Court: 1. Annuls the decision of the Selection Board of 24 September 2019 rejecting the request for a review of the exclusion of Ms Amanda Spisto from Competition EPSO/AD/371/19; 2. Orders the European Commission to pay the costs.