Judgment of the Court (First Chamber) of 22 March 1972. - Mario Costacurta v Commission of the European Communities. - Case 78-71.



European Court reports 1972 Page 00163

Danish special edition Page 00063

Portuguese special edition Page 00065



Summary

Parties

Subject of the case

Grounds

Decision on costs

Operative part



Keywords

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1 . OFFICIALS - RECRUITMENT - NOTICE OF COMPETITION - SPECIFICATIONS - AIM

( STAFF REGULATIONS OF OFFICIALS, ANNEX III, ARTICLE 1 )

2 . OFFICIALS - RECRUITMENT - NOTICE OF COMPETITION - SPECIFICATIONS - AGE-LIMIT FOR THE CANDIDATE - IMPORTANCE - POSTS WITHOUT AGE-LIMIT - MENTION OF THIS OBLIGATORY IN THE NOTICE OF COMPETITION

( STAFF REGULATIONS OF OFFICIALS, ANNEX III, ARTICLE 1 )

Summary

1 . THE PURPOSE OF THE SPECIFICATIONS SET OUT IN ARTICLE 1 ( 1 ) OF ANNEX III TO THE STAFF REGULATIONS OF OFFICIALS IS TO ENSURE THAT IN EVERY CASE WHERE A POST IS TO BE FILLED BY MEANS OF A COMPETITION THE CONDITIONS OF RECRUITMENT ARE ADAPTED AS CLOSELY AS POSSIBLE TO THE REQUIREMENTS OF THE POST TO BE FILLED . WHEN THEY LAID DOWN THE OBLIGATION TO STATE THOSE CONDITIONS IN THE NOTICE OF COMPETITION THE AUTHORS OF THE STAFF REGULATIONS INTENDED TO PRECLUDE THE APPOINTING AUTHORITY FROM JUSTIFYING THE EXCLUSION OF CERTAIN CANDIDATES BY RELYING ON CONDITIONS OF RECRUITMENT WHICH WERE NOT PROPERLY NOTIFIED IN ADVANCE TO ALL THE PERSONS CONCERNED .

2 . AMONGST THE CONDITIONS OF RECRUITMENT OF OFFICIALS AGE MAY WELL CONSTITUTE AN IMPORTANT FACTOR REGARDING THE QUALITY AND EFFICIENTY OF THE OFFICIAL TO BE RECRUITED . ALTHOUGH THE AGE OF AN OFFICIAL MAY BE OF NO MATTER WHERE CERTAIN POSTS ARE CONCERNED THIS POSSIBILITY MUST BE REGARDED AS EXCEPTIONAL BY REASON OF THE SPECIAL NATURE OF SUCH POSTS . IN SUCH A CASE THE NOTICE OF COMPETITION MUST INDICATE THAT THERE IS NO AGE-LIMIT .

Parties

IN CASE 78/71

MARIO COSTACURTA, AN OFFICIAL OF THE EUROPEAN COMMUNITIES, REPRESENTED BY ERNEST ARENDT, AVOCAT-AVOUE, RESIDING IN LUXEMBOURG, ASSISTED BY NICOLAS DECKER, AVOCAT, RESIDING IN LUXEMBOURG, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE CHAMBERS OF ERNEST ARENDT, APPLICANT,

V

COMMISSION OF THE EUROPEAN COMMUNITIES, REPRESENTED BY ITS LEGAL ADVISER, GIORGIO PINCHERLE, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE OFFICE OF EMILE REUTER, LEGAL ADVISER TO THE COMMISSION, 4 BOULEVARD ROYAL, DEFENDANT,

Subject of the case

APPLICATION FOR THE ANNULMENT OF NOTICE OF INTERNAL COMPETITION COM 152/70 AND OF THE APPOINTMENT OF CERTAIN CANDIDATES,

Grounds

1 THE APPLICATION IS FOR THE ANNULMENT OF INTERNAL COMPETITION COM 152/70 FOR FIVE POSTS OF ASSISTANT PROOF-READER OF ITALIAN MOTHER TONGUE IN CAREER BRACKET B3-B2 WITH THE OFFICE FOR OFFICIAL PUBLICATIONS OF THE EUROPEAN COMMUNITIES AND OF THE APPOINTMENT OF MRS GIOVANNA PASQUINI AND MRS TERESITA COLOMBO AND MR GIUSEPPE MENDOSA, MR EDUARDO BENEDUSI AND MR GIOVANNI LAVIOLA TO THE SAID POSTS .

2 THE APPLICANT CLAIMS FIRST THAT SINCE THE NOTICE OF COMPETITION FAILS TO MENTION AN AGE-LIMIT IT INFRINGES ARTICLE 1 ( 1 ) ( G ) OF ANNEX III TO THE STAFF REGULATIONS WHICH REQUIRES THAT SUCH NOTICE " MUST SPECIFY THE AGE-LIMIT AND ANY EXTENSION OF THE AGE-LIMIT IN THE CASE OF SERVANTS OF THE COMMUNITIES WHO HAVE COMPLETED NOT LESS THAN ONE YEAR' S SERVICE ".

3 ACCORDING TO ARTICLE 28 OF THE STAFF REGULATIONS AN OFFICIAL MAY BE APPOINTED ONLY ON CONDITION THAT " HE HAS, SUBJECT TO ARTICLE 29 ( 2 ) PASSED A COMPETITION BASED ON EITHER QUALIFICATIONS OR TESTS, AS PROVIDED IN ANNEX III ".

4 FURTHERMORE ARTICLE 29 EXPRESSLY PROVIDES THAT ANNEX III LAYS DOWN THE COMPETITION PROCEDURE .

5 THOSE PROVISIONS CONSEQUENTLY REQUIRE THAT THERE SHALL BE SPECIFIED IN THE NOTICE OF COMPETITION, IN ACCORDANCE WITH THE EXPRESS WORDING OF ARTICLE 1 ( 1 ) ( G ), THE AGE-LIMIT AND THE EXTENSION OF SUCH LIMIT .

6 SETTING AN AGE-LIMIT THUS AMOUNTS TO SECURING AN ADVANTAGE IN FAVOUR OF SERVANTS ALREADY IN THE SERVICE .

7 THE PURPOSE OF THE SPECIFICATIONS SET OUT IN ARTICLE 1 ( 1 ) OF ANNEX III IS TO ENSURE THAT IN EVERY CASE WHERE A POST IS TO BE FILLED BY MEANS OF A COMPETITION THE CONDITIONS OF RECRUITMENT ARE ADAPTED AS CLOSELY AS POSSIBLE TO THE REQUIREMENTS OF THE POST TO BE FILLED .

8 WHEN THEY LAID DOWN THE OBLIGATION TO STATE THOSE CONDITIONS IN THE NOTICE OF COMPETITION THE AUTHORS OF THE STAFF REGULATIONS INTENDED TO PRECLUDE THE APPOINTING AUTHORITY FROM JUSTIFYING THE EXCLUSION OF CERTAIN CANDIDATES BY RELYING ON CONDITIONS OF RECRUITMENT WHICH WERE NOT PROPERLY NOTIFIED IN ADVANCE TO ALL THE PERSONS CONCERNED .

9 AMONGST THESE CONDITIONS AGE MAY WELL CONSTITUTE AN IMPORTANT FACTOR REGARDING THE QUALITY AND EFFICIENCY OF THE OFFICIAL TO BE RECRUITED .

10 ALTHOUGH THE AGE OF AN OFFICIAL MAY BE OF NO MATTER WHERE CERTAIN POSTS ARE CONCERNED AND THE FIELD OF RECRUITMENT FOR THEM SHOULD BE AS WIDE AS POSSIBLE, THEY MUST BE REGARDED AS EXCEPTIONAL BY REASON OF THEIR SPECIAL NATURE .

11 IN SUCH A CASE THE NOTICE OF COMPETITION MUST INDICATE THAT AN AGE-LIMIT HAS NOT BEEN CONSIDERED NECESSARY .

12 SINCE THE APPOINTING AUTHORITY HAS FAILED TO SPECIFY THE AGE-LIMIT IN THE NOTICE OF COMPETITION IN DISPUTE THIS NOTICE DOES NOT COMPLY WITH ARTICLE 1 ( 1 ) ( G ) OF ANNEX III TO THE STAFF REGULATIONS .

13 CONSEQUENTLY COMPETITION COM 152/70 AND THE DECISIONS FOLLOWING ON IT MAKING THE APPOINTMENTS MUST BE ANNULLED .

14 IN THESE CIRCUMSTANCES IT IS UNNECESSARY TO CONSIDER THE OTHER SUBMISSIONS IN THE APPLICATION .

Decision on costs

15 UNDER ARTICLE 69 ( 2 ) OF THE RULES OF PROCEDURE THE UNSUCCESSFUL PARTY SHALL BE ORDERED TO PAY THE COSTS .

16 THE DEFENDANT HAS FAILED IN ITS SUBMISSIONS .

Operative part

THE COURT

HEREBY :

1 . ANNULS COMPETITION COM 152/70 AND THE DECISIONS APPOINTING MRS GIOVANNA PASQUINI AND MRS TERESITA COLOMBO AND MR GIUSEPPE MENDOSA, MR EDUARDO BENEDUSI AND MR GIOVANNI LAVIOLA;

2 . ORDERS THE COMMISSION OF THE EUROPEAN COMMUNITIES TO BEAR THE COSTS OF THE PROCEEDINGS .