Judgment — ECLI:EU:T:2017:720
Date: 2017-10-13
Language of the case: French
Court formation: Third Chamber
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Procedure: Staff cases - inadmissible;Staff cases - successful

Judgment of the General Court (Third Chamber) of 13 October 2017 — Brouillard v Commission (Case T‑572/16) (Civil service — Recruitment — Competition notice — Open Competition EPSO/AD/306/15 — French-language lawyer-linguists at the Court of Justice of the European Union — Online application — Pre-selection based on qualifications — Qualifications required — Level of education corresponding to full legal education completed in a Belgian, French, or Luxembourg higher-education institution — ‘Master 2’ diploma (master’s degree) in law, economics and management, private law, lawyer-linguist specialism — Issued following ‘accreditation of skills gained through experience’ — Non-admission to the tests in a competition — Action for annulment — Content of the application — Inadmissibility — Professional competence — Full legal education requirement — Recognition of qualifications) 1. Judicial proceedings — Application initiating proceedings — Formal requirements — Identification of the subject-matter of the dispute — Clear and precise statement of the pleas relied on (Rules of Procedure of the European Civil Service Tribunal, Art. 50(1)(d) and (e)) (see paras 19, 20) 2. Officials — Recruitment — Competitions — Competition based on qualifications and tests — University diploma or degree required — Meaning of ‘diploma or degree’ — Determination on the basis of the legislation of the Member State in which the studies took place (Staff Regulations, Annex III, Art. 5) (see paras 37, 54) 3. Officials — Competitions — Conditions for admission — Fixing by the competition notice — Requirement of specific qualifications — Lawfulness (Staff Regulations, Art. 5(3)(c),(i)) (see para. 49) Re: APPLICATION under Article 270 TFEU seeking annulment of, first, the decision of the European Personnel Selection Office (EPSO), communicated to the applicant by email of 24 September 2015, not to admit him to the next stage of ‘Open Competition EPSO/AD/306/15 based on qualifications and tests’ held for the purpose of drawing up reserve lists from which to recruit, among others, ‘French-language (FR) lawyer-linguists (AD 7)’ of the Court of Justice of the European Union and, second, the selection and appointment decisions taken in the context of that competition. Operative part The Court: 1. Annuls the decision of the European Personnel Selection Office (EPSO), communicated to Mr Alain Laurent Brouillard by email of 24 September 2015, not to admit him to the next stage of ‘Open Competition EPSO/AD/306/15 based on qualifications and tests’ held for the purpose of drawing up reserve lists from which to recruit, among others, ‘French-language (FR) lawyer-linguists (AD 7)’ of the Court of Justice of the European Union; 2. Dismisses the action as to the remainder; 3. Orders Mr Brouillard and the European Commission to bear their own respective costs, including those incurred in the context of the proceedings for interim measures in the case giving rise to the order of 20 January 2016, Brouillard v Commission (F‑148/15 R).