Information;Judgment — ECLI:EU:T:2024:465
Date: 2024-07-10
Language of the case: Italian
Court formation: Fourth Chamber
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Procedure: Staff cases - unfounded;Staff cases - inadmissible

Summary of the pleas in law on which the application is based – Reproduction of paragraphs of an earlier judgment of the General Court – Summary sufficiently clear and intelligible – Admissibility (Rules of Procedure of the General Court, Art. 76(d)) (see paragraphs 20-25) 2. Actions brought by officials – Plea of illegality – Measures the illegality of which may be pleaded – Notice of competition – Challenge to the limitation of the choice of second language – Existence of a connection between the decision excluding the applicant and the language regime laid down in the notice of competition – Admissibility (Staff Regulations of Officials, Annex III, Art. 1) (see paragraphs 33-38, 44, 52, 67, 68, 139, 200) 3. Officials – Competitions – Holding of an open competition – Languages of participation in tests – Limitation of the choice of second language – Discrimination based on language – Justification having regard to the interests of the service – Observance of the principle of proportionality – Judicial review – Scope (Staff Regulations of Officials, Art. 1d(6)) (see paragraphs 78-82, 85, 88, 90, 92) 4. Officials – Competitions – Arrangements for and content of tests – Selection Board’s discretion – Limits – Observance of the principle of equal treatment of candidates – Scope (Staff Regulations of Officials, Art. 1d) (see paragraphs 98-100) 5. Officials – Competitions – Arrangements for and content of tests – Repetition of written tests owing to technical difficulties encountered by some candidates – Possibility of repetition offered to all candidates in the competition – No breach of the principle of equal treatment (Staff Regulations of Officials, Art. 1d) (see paragraphs 109-112) 6. Officials – Competitions – Competition based on qualifications and tests – Conditions for admission – Fixing by the competition notice – Selection board’s assessment of candidates’ professional experience – Invitation to submit supporting documents of professional experience after the invitation to take part in the tests – Irrelevant (Staff Regulations of Officials, Annex III, Art 5, first and third paras.) (see paragraphs 145-147) 7. Officials – Competitions – Selection Board – Decision not to include a candidate on the reserve list – Obligation to state reasons – Scope – Observance of the secrecy of proceedings – Statement of reasons limited to communication of the marks obtained in the various tests of the assessment centre – Whether permissible (Arts 263, fourth para., and 296, second para., TFEU; Charter of Fundamental Rights of the European Union, Art. 41(2)(c); Staff Regulations of Officials, Art. 25, second para., and Annex III, Art. 6) (see paragraphs 153-166) 8. Officials – Competitions – Arrangements for and content of tests – Repetition of written tests – Obligation to state reasons – Scope (Art. 296 TFEU; Staff Regulations of Officials, Art. 25, second para.) (see paragraphs 170-172) 9. Officials – Competitions – Selection Board – Drawing up of the reserve list – Number of candidates to be included – Rule recommending the drawing up of a list containing at least twice as many successful candidates than that of the number of posts to be filled – Not binding on the selection board (Staff Regulations of Officials, Annex III, Art. 5, fifth para.) (see paragraph 178) 10. Officials – Competitions – Selection Board – Composition – Sufficient stability to ensure equal treatment of candidates, consistent marking and objectivity of the assessment – Scope (Staff Regulations of Officials, Art. 27 and Annex III, Art. 3) (see paragraphs 218-223, 229) Operative part The Court: 1. Dismisses the action; 2. Orders VT and the European Commission each to bear their own costs. 1 OJ C 223, 26.6.2023.