Information;Judgment — ECLI:EU:T:2023:113
Date: 2023-03-08
Language of the case: English
Court formation: Fourth Chamber
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Procedure: Staff cases - unfounded;Staff cases - inadmissible;Action for damages - unfounded

Judgment of the General Court (Fourth Chamber) of 8 March 2023 – SE v Commission (Case T‑763/21) (1) (Civil service – Members of the temporary staff – Recruitment – Commission’s pilot programme for recruiting junior administrators – Rejection of application – Eligibility conditions – Criterion of a maximum of three years of professional experience – Equal treatment – Discrimination based on age) 1. Actions brought by officials – Plea of illegality – Measures the illegality of which may be pleaded – General measure providing the basis of the contested decision – Need for a direct legal connection between the contested measure and the contested general measure (Arts 263 and 277 TFEU) (see paragraphs 25-28, 31, 34, 35, 38, 40) 2. Actions brought by officials – Plea alleging infringement of the principle of equal treatment – Reversal of the burden of proof – Conditions (Charter of Fundamental Rights of the European Union, Arts 20 and 21; Staff Regulations of Officials, Art. 1d(1) and (5)) (see paragraphs 44-46) 3. Acts of the institutions – Directives – Directive 2000/78 establishing a general framework for equal treatment in employment and occupation – Direct imposition of obligations on EU institutions in relations with their staff – Precluded – Invocability – Scope (Art. 288, third para., TFEU; Council Directive 2000/78, Art. 21) (see paragraphs 49-52) 4. Officials – Members of the temporary staff – Recruitment – Call for expressions of interest with a view to recruiting junior administrators – Criterion concerning the maximum professional experience – Indirect discrimination based on age – Justification of pursuing the objectives of promoting employment and professional training – Proportionality vis-à-vis the objectives pursued – Whether permissible (Charter of Fundamental Rights of the European Union, Arts 20 and 21; Staff Regulations of Officials, Art. 1d(6); Council Directive 2000/78, Art. 6(1)(a)) (see paragraphs 54-59, 64-76, 84-86, 89) Operative part The Court: 1. Dismisses the action; 2. Orders SE to pay the costs. 1 OJ C 73, 14.2.2022.