Judgment — ECLI:EU:T:2013:416
Date: 2013-09-12
Language of the case: Italian
Court formation: Fifth Chamber
Subject matter: Provisions governing the Institutions
Procedure: Action for annulment - successful
Origin: Italy

Judgment of the General Court (Fifth Chamber) of 12 September 2013 — Italy v Commission (Case T‑218/09) Languages — Notices of open competition for the recruitment of assistants — Language of the tests — Choice of second language from three official languages 1. Officials — Competitions — Running of an open competition — Languages of participation in tests — Equal treatment — Requirement of specific linguistic knowledge — Statement of reasons — Justification having regard to the interests of the service — Observance of the principle of proportionality (Staff Regulations, Arts 1 quinquies, (1) and (6), 27, first para., and 28(f); Annex III, Art. 1(1)(f); Council Regulation No 1, Art. 1) (see paras 19-28) 2. Actions brought by officials — Judgment annulling a measure — Effects — Annulment of a notice of open competition — Legitimate expectations of the candidates selected — Results of the competition not called into question (Art. 266 TFEU; Staff Regulations, Art. 91) (see paras 36, 37) Re: APPLICATION for annulment of Notices of open competitions EPSO/AST/91/09, to constitute a reserve list for the recruitment of assistants (AST 3) in the offset printing field, and EPSO/AST/92/09, to constitute a reserve list for the recruitment of assistants (AST 3) in the pre-press field, published in the Official Journal of the European Union of 18 March 2009 (OJ 2009 C 63 A, p. 1). Operative part The Court: 1. Annuls the notices of open competitions EPSO/AST/91/09, to constitute a reserve list for the recruitment of assistants (AST 3) in the offset printing field, and EPSO/AST/92/09, to constitute a reserve list for the recruitment of assistants (AST 3) in the pre-press field, published in the Official Journal of the European Union on 18 March 2009; 2. Orders the Italian Republic, the Republic of Latvia and the European Commission to bear their own costs.