Judgment — ECLI:EU:T:2000:265
Date: 2000-11-15
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Concepts: Vacancy notice
Procedure: Staff cases - successful

SUMMARY — CASE T-261/99 
Summary 
Officials — Notice of vacant post — Purpose - Discretion of the appointing 
authority - Limits — Compliance with the conditions laid down in the notice of 
vacancy - Judicial review 
(Staff Regulations, Art. 7) 
Although the appointing authority has wide discretion in comparing the candidates' 
merits and reports, especially with a view to the post to be filled, it must exercise 
it within the self-imposed limits set by the vacancy notice. The purpose of the 
vacancy notice is to give those interested the most accurate information possible 
about the conditions of eligibility for the post to enable them to judge for themselves 
whether they should apply for it. 
Thus, the latitude available to the appointing authority regarding appointment or 
promotion presupposes careful examination of the file and meticulous regard to the 
requirements laid down in the vacancy notice, so that the appointing authority is 
required to reject any candidate who does not meet those requirements. 
With a view to establishing whether or not the appointing authority exceeded the 
bounds ofthat legal framework, it is incumbent on the Court of First Instance, first, 
to establish which conditions were laid down in the vacancy notice and then to 
verify whether the candidate chosen to occupy the vacant post actually satisfied 
those conditions. 
(see paras 33-36) 
I-A - 246 
DEHON v PARLIAMENT 
See: 188/73 Grassi v Council [1974] ECR 1099, paras 38 and 40; C-35/92 P Parliament 
v Frederiksen [1993] ECR I-991, paras 13 to 17; T-21/96 Giannini v Commission [1997] 
ECR-SCI-A-69 and II-211, para. 19 
I-A - 247