Judgment — ECLI:EU:F:2009:70
Date: 2009-06-18
Language of the case: Dutch
Court formation: Second Chamber
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Concepts: Europol
Procedure: Staff cases - unfounded

Summary Officials – Europol staff – Recruitment – Candidate chosen by the selection committee not satisfying the criteria set out in the notice of vacancy Although the Director of the European Police Office (Europol) does not have the power, under the principle of the independence of selection boards in competitions, to annul or amend a decision of a selection board, he is, however, required to eliminate any candidate who does not satisfy the criteria set out in the notice of vacancy, since the administration is bound by each of the criteria it has laid down in that notice. The Director cannot therefore be bound by decisions of the selection board the unlawfulness of which would be liable as a consequence to vitiate his own decisions. Consequently, the Director may decide, having been apprised that a selected candidate did not satisfy the requirements in a notice of vacancy, to initiate a fresh selection procedure. (see paras 45, 46, 48) See: 142/85 Schwiering v Court of Auditors [1986] ECR 3177, paras 19 to 21; 322/85 and 323/85 Hoyer and Neumann v Court of Auditors [1986] ECR 3215, paras 12 to 14; C-35/92 P Parliament v Frederiksen [1993] ECR I‑991, paras 15 and 16 T-153/95 Kaps v Court of Justice [1996] ECR-SC I‑A‑233 and II‑663, para. 78; T-143/98 Cendrowicz v Commission [1999] ECR‑SC I‑A‑273 and II‑1341, para. 39; T-45/04 Tzirani v Commission [2006] ECR-SC I‑A‑2‑145 and II‑A‑2‑681, para. 46