Judgment — ECLI:EU:F:2008:148
Date: 2008-11-25
Language of the case: English
Court formation: Second Chamber
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Concepts: Conditions for admission
Procedure: Staff cases - unfounded;Action for damages - unfounded

Summary Officials – Competitions – Competition based on qualifications and tests – Conditions for admission – Diplomas submitted or professional experience presented (Staff Regulations, Annex III, Arts 1 and 5) The selection board in a competition based on qualifications and tests is responsible for determining, case by case, whether the diplomas submitted or the professional experience presented by each candidate correspond to the level required by the Staff Regulations and the notice of competition. Although bound by the wording of the notice of competition as published, the selection board enjoys a broad discretion in that regard and the Community judicature must confine itself to ascertaining whether the exercise of that discretion was vitiated by a manifest error. (see paras 34-35) See: T-244/97 Mertens v Commission [1999] ECR-SC I‑A‑23 and II‑91, para. 44; T-139/00 Bal v Commission [2002] ECR-SC I‑A‑33 and II‑139, para. 35; T-332/01 Pujals Gomis v Commission [2002] ECR‑SC I‑A‑233 and II‑1155, paras 39 to 41; T-25/03 De Stefano v Commission [2005] ECR-SC I‑A‑125 and II‑573, para. 34 F-12/05 Tas v Commission [2006] ECR-SC I‑A‑1‑79 and II‑A‑1‑285, paras 39 and 43