Judgment — ECLI:EU:T:2019:488
Date: 2019-07-09
Language of the case: French
Court formation: Third Chamber
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Procedure: Staff cases - unfounded

Judgment of the General Court (Third Chamber) of 9 July 2019 – VY v Commission (Case T‑253/18) (Civil service — Officials — Middle management post — Rejection of application — Vacancy notice — Selection procedure — Obligation to state reasons — Equality between men and women) 1. Officials — Vacancy — Filled by promotion or transfer — Consideration of the comparative merits of candidates — Administration's discretion — Limits — Observance of the conditions laid down in the vacancy notice — Judicial review — Scope (see paras 20, 21, 42, 43, 78, 88, 89) 2. Officials — Decision adversely affecting an official — Rejection of an application — Obligation to state reasons at the latest at the stage of rejection of the complaint — Scope (Staff Regulations of Officials, Art. 25, 2nd para.) (see paras 47-49, 53, 55) 3. Officials — Equal treatment — Equal opportunity for men and women — Administration’s discretion — Limits — Burden of proof (Charter of Fundamental Rights of the European Union, Art. 21; Staff Regulations of Officials, Art. 1d(1), (5) and (6)) (see paras 60-65, 70, 76) 4. Officials — Recruitment — Criteria — Interests of the service — Administration's discretion — Judicial review — Limits (see para. 72) Re: Application on the basis of Article 270 TFEU seeking the annulment of the decision rejecting the applicant’s application and the decision appointing another candidate to the post of Head of Unit within a European Union delegation. Operative part The Court: 1. Dismisses the action; 2. Orders VY to pay the costs.