Judgment of the General Court (Sixth Chamber) of 13 September 2010 – Italy v Commission
(Joined Cases T-166/07 and T-285/07)
Rules on the use of languages – Notice of open competitions for the recruitment of administrators and assistants – Publication in three official languages – Amendments – Publication in all the official languages – Choice of the second language from three languages – Regulation No 1 – Articles 27, 28 and 29(1) of the Staff Regulations – Article 1(1) and (2) of Annex III to the Staff Regulations – Duty to state reasons – Principle of non-discrimination – Misuse of power
1.                     European Communities – Rules on languages – Regulation No 1 – Scope (Council Regulation No 1) (see paras 52-54)
2.                     European Communities – Rules on languages – No general principle giving each citizen the right to have any document capable of affecting his interests drafted in his own language (Council Regulation No 1) (see para. 73)
3.                     Officials – Competitions – Notice of competition – Publication in the Official Journal only in certain official languages (see paras 77-85)
4.                     Officials – Competitions – Notice of competition – Full publication in the Official Journal only in certain official languages (see paras 91, 93-94)
5.                     Officials – Principles – Protection of legitimate expectations – Conditions (see paras 110-112)
Re:
APPLICATION for the annulment of Notice of Open Competition EPSO/AD/94/07 for the drawing up of a reserve list for the recruitment of Administrators (AD 5) in the field of information, communication and the media (OJ 2007 C 45 A, p. 3) and Notice of Open Competition EPSO/AST/37/07 for the drawing up of a reserve list for the recruitment of Assistants (AST 3) in the field of communication and information (OJ 2007 C 45 A, p. 15), and Notice of Open Competition EPSO/AD/95/07 for the drawing up of a reserve list for the recruitment of Administrators (AD 5) in the field of information science (library/documentation) (OJ 2007 C 103 A, p. 7).
Operative part
The Court:
1.
Dismisses the actions;
2.
Orders the Italian Republic to bear its own costs and to pay those of the European Commission;
3.
Orders the Republic of Lithuania and the Hellenic Republic to bear their own costs.