Information;Judgment — ECLI:EU:T:2024:464
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 – Sufficiently clear and intelligible summary – Admissibility (Rules of Procedure of the General Court, Art. 76(d)) (see paragraphs 25-30) 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 38-43, 49, 62, 63, 153, 213) 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 74-78, 81, 84, 86, 88) 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 94-96) 5. Officials – Competitions – Arrangements for and content of tests – Repetition of written tests as a result of technical difficulties encountered by some candidates – Option to repeat tests offered to all candidates in the competition – Breach of the principle of equal treatment – No breach (Staff Regulations of Officials, Art. 1d) (see paragraphs 106-109) 6. Actions brought by officials – Decision of a competition selection board – Prior administrative complaint – Optional – Submission – Consequences – Compliance with the procedural requirements applicable to prior complaints (Staff Regulations of Officials, Arts 90 and 91) (see paragraphs 145-147) 7. Actions brought by officials – Prior administrative complaint – Correspondence between the complaint and the application – Same subject matter and legal basis – Submissions and arguments not made in the complaint but closely related to it – Admissibility (Staff Regulations of Officials, Arts 90 and 91) (see paragraphs 148-150, 194, 195, 206, 207, 228, 229) 8. Actions brought by officials – Prior administrative complaint – Correspondence between the complaint and the application – Same subject matter and legal basis – Plea of illegality raised for the first time in the context of the action – Admissibility (Art. 277 TFEU; Staff Regulations of Officials, Arts 90 and 91) (see paragraphs 151, 152) 9. 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 evidence of professional experience issued after the invitation to participate in tests – Irrelevant (Staff Regulations of Officials, Annex III, Art. 5, first and third paras.) (see paragraphs 159-161) 10. 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 scores obtained in the various assessment centre tests – 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 169-180) 11. 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 184-186) 12. Officials – Competitions – Selection Board – Drawing up of the reserve list – Number of candidates to be included – Rule recommending drawing up a list containing at least twice as many successful candidates as the number of posts to be filled – Binding on the Selection Board – Not binding (Staff Regulations of Officials, Annex III, Art. 5, fifth para.) (see paragraph 197) Operative part The Court: 1. Dismisses the action; 2. Orders UJ and the other applicants whose names appear in the annex and the European Commission each to bear their own costs. 1 OJ C 134, 17.4.2023.