Judgment — ECLI:EU:T:2018:529
Date: 2018-09-12
Language of the case: Italian
Court formation: Third Chamber
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Procedure: Staff cases - unfounded;Staff cases - inadmissible

Judgment of the General Court (Third Chamber) of 12 September 2018 – PH v Commission (Case T‑613/16) (Civil Service — Recruitment — Open competition — Notice of competition EPSO/AST-SC/03/15 — Decision to exclude the candidate from the competition — Family connection to a member of the selection board — Equal treatment) 1. Actions brought by officials — Acts adversely affecting an official — Decision adopted after reconsideration of a previous decision — Decision adopted by a competition selection board after reconsideration of the candidate’s situation (Staff Regulations of Officials, Arts 90 and 91) (see paras 31-34) 2. Officials — Competitions — Selection Board — Observance of the principle of equal treatment between candidates — Failure to provide information about the family relationship between a candidate and a member of the selection board — Exclusion of the candidate — Breach of principle of proportionality — None (Staff Regulations of Officials, Arts 27 and 30) (see paras 46, 51, 55, 100, 101, 106, 168, 169) 3. Officials — Principles — Protection of legitimate expectations — Conditions — Specific assurances given by the authorities (see paras 65, 70, 74) 4. Officials — Equal treatment — Meaning — Limits (see paras 112, 116, 130, 131) 5. Officials — Principles — Rights of defence — Obligation to hear the person concerned before adopting a measure adversely affecting him — Scope (Charter of Fundamental Rights of the European Union, Art. 41(2)) (see paras 199, 201-207) 6. EU law — Principles — Duty to act within a reasonable time — Infringement in an administrative procedure — Effects (Charter of Fundamental Rights of the European Union, Art. 41(1)) (see paras 216, 217) 7. EU law — Principles — Principle of sound administration — Duty of diligence — Scope (Charter of Fundamental Rights of the European Union, Art. 41) (see paras 225, 226) 8. Judicial proceedings — Introduction of new pleas during the proceedings — Plea raised for the first time at the reply stage — Inadmissibility (Rules of Procedure of the General Court, Art. 84) (see paras 250, 251) Re: Action pursuant to Article 270 TFEU seeking annulment of the decision of 19 May 2016 confirming, in response to a request for review made by the applicant, the exclusion of the latter from the competition EPSO/AST-SC/03/15. Operative part The Court: 1. Dismisses the action; 2. Orders PH to pay the costs.