Order — ECLI:EU:F:2007:20
Date: 2007-02-01
Language of the case: French
Court formation: President of the Chamber
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Concepts: Application for interim measures: suspension of operation of the contested measure and other interim measures
Procedure: Staff cases;Application for interim measures - unfounded;Action for damages

Summary Officials – Competitions – Conditions for admission – Fixing by the competition notice (Staff Regulations, Annex III, Arts 2 and 5) The selection board in a competition is bound by the text of the notice of competition. Consequently, an application is manifestly unfounded where it seeks the annulment of its decision to exclude a candidate who has not provided, within the requisite period, a document proving his citizenship, despite the fact that the notice of competition clearly states that it must be included if the application is to be valid. That conclusion is not affected by the argument, which is not based on any legal provision, that the administration should have provided candidates with all the necessary information through their electronic application file, without there being any need for them to consult the competition notice, for the candidates are bound by that competition notice in the same way as the selection board. (see paras 26-31, 33) See: T-95/00 and T-96/00 Zaur-Gora and Dubigh v Commission [2001] ECR-SC I‑A‑79 and II‑379, para. 47; T-139/00 Bal v Commission [2002] ECR-SC I‑A‑33 and II‑139, para. 35 F-12/05 Tas v Commission [2006] ECR-SC I‑A‑1‑79 and II‑A‑1‑285, para. 43