Judgment — ECLI:EU:T:2018:968
Date: 2018-12-14
Language of the case: French
Court formation: Second Chamber
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Procedure: Staff cases - unfounded

Judgment of the General Court (Second Chamber) of 14 December 2018 – UR v Commission (Case T‑761/17) (Civil service — Open competition — Notice of competition EPSO/AD/322/16 for the recruitment of administrators in the field of audit (AD 5/AD 7) — Eligibility condition — Required qualification — Non-inclusion on the reserve list — Obligation to state reasons — Manifest error of assessment — Article 27, first paragraph, of the Staff Regulations) 1. Officials — Competitions — Competition based on qualifications and tests — Decision not to admit to tests — Obligation to state reasons — Scope (Staff Regulations of Officials, Art. 25, second para.) (see paras 18, 19, 23) 2. Actions brought by officials — Action directed against a decision of non-inclusion on a competition reserve list — Possibility of invoking irregularity of the competition notice to challenge non-inclusion — Conditions (Staff Regulations of Officials, Art. 91) (see para. 33) 3. Officials — Competitions — Conditions for admission — Mandatory provisions of the first paragraph of Article 27 of the Staff Regulations (Staff Regulations of Officials, Art. 27, first para.) (see paras 36-41) 4. Officials — Competitions — Competition based on qualifications and tests — Conditions for admission — Fixing by the competition notice — Diplomas produced or professional experience attested — Discretion of the selection board — Judicial review — Limits (Staff Regulations of Officials, Annex III, Arts 1 and 5) (see paras 63-65, 69) Re: Application pursuant to Article 270 TFEU seeking annulment of the decision of 11 August 2017 of the selection board in Competition EPSO/AD/322/16, taken following a review, not to include the applicant’s name on the reserve list for that competition. Operative part The Court: 1. Dismisses the action; 2. Orders UR to pay the costs.