Judgment — ECLI:EU:T:2007:378
Date: 2007-12-12
Language of the case: French
Court formation: Single Judge
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Concepts: Conditions for admission
Procedure: Staff cases - successful

Summary Officials – Competitions – Competition based on qualifications and tests – Conditions for admission (Staff Regulations, Annex III, Art. 1) It is for the selection board in a competition based on qualifications and tests to assess in each case whether the diplomas produced or the professional experience demonstrated by each candidate correspond to the level required by the Staff Regulations and by the notice of competition. It has a broad discretion in that regard and the Court of First Instance must confine itself to examining whether the exercise of that discretion was vitiated by a manifest error. However, notwithstanding its discretion, the selection board is bound by the wording of the notice of competition as published. Consequently, it commits a manifest error of assessment in allowing a candidate whose degree does not fulfil the conditions of the competition notice to take part in a competition. (see paras 36-38, 43) See: T‑158/89 Van Hecken v ESC [1991] ECR II‑1341, para. 22; T‑244/97 Mertens v Commission [1999] ECR-SC I‑A‑23 and II‑91, para. 44; T‑214/99 Carrasco Benítez v Commission [2000] ECR-SC I‑A‑257 and II‑1169, para. 69; T‑139/00 Bal v Commission [2002] ECR-SC I‑A‑33 and II‑139, para. 35; T‑357/00, T‑361/00, T‑363/00 and T‑364/00 Martínez Alarcón and Others v Commission [2002] ECR-SC I‑A‑37 and II‑161, para. 61 and the case-law cited therein; T‑332/01 Pujals Gomis v Commission [2002] ECR-SC I‑A‑233 and II‑1155, paras 39 to 41; T‑25/03 deStefano v Commission [2005] ECR‑SC I‑A‑125 and II‑573, para. 34 and the case-law cited therein