Judgment — ECLI:EU:T:2001:211
Date: 2001-09-13
Language of the case: French
Court formation: Fourth Chamber
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Concepts: Effects of a judgment annulling a measure;Selection Board
Procedure: Staff cases - successful

SUMMARY — CASE T-160/99 
Summary 
1. Officials — Competitions — Selection board — Composition — Qualification of 
members to assess tests objectively — Competition for translator-revisers — Use of 
qualified examiners — Conditions 
(Staff Regulations, Annex III, Art. 3) 
2. Officials - Actions — Judgment annulling decision - Effects - Annulment of 
decision of selection board in competition not to admit candidate to the oral test -
Results of competition not called into question in their entirety 
(Staff Regulations, Art. 91) 
1. In order to be constituted in accordance with the provisions of the Staff 
Regulations and Article 3 of Annex III thereto, the selection board in a competition 
based on qualifications and tests must be composed in such a way as to guarantee 
an objective assessment of the candidates' professional qualities in their performance 
in the tests. That requirement implies, in competitions for translator-revisers, that 
the members of the selection board must have a good understanding of the language 
in which the candidates will be required to sit the revision tests, although that does 
not mean that each member must necessarily have a perfect knowledge of that 
language. In that context, although the use of examiners is legitimate, it is for the 
members of the selection board, and not for third parties serving in an advisory 
capacity, to retain control over the procedures and to reserve discretionary power 
to themselves in the last resort. 
(see paras 32-34, 38) 
See: 4/78, 19/78 and 28/78 Salerno and Others v Commission [1978] ECR 2403, 
para. 15; T-32/89 and T-39/89 Marcopoulos v Court of Justice [1990] ECR II-281, 
paras 37 and 41; T-156/89 Valverde Mordt v Court of Justice [1991] ECR II-407, 
paras 105 and 106 
I-A - 176 
SVANTESSON AND OTHERS v COUNCIL 
2. If a competition selection board's decision not to admit a candidate to the oral 
tests is annulled, that person's rights are adequately protected if the appointing 
authority seeks ajust solution in respect of him, without there being any need to call 
into question the entire results of the competition or to annul the appointments made 
in consequence of it. 
(see para. 42) 
See: T-43/91 Hoyer v Commission [1994] ECR-SC I-A-91 and II-297, para. 64 
I-A - 177