Keywords

Summary



Keywords

1 . OFFICIALS - APPLICATION TO THE COURT - PRIOR COMPLAINT THROUGH OFFICIAL CHANNELS - REJECTION BY SELECTION COMMITTEE OF A CANDIDATURE FOR A POST TO BE FILLED BY SPECIAL RECRUITMENT PROCEDURE - DIRECT APPLICATION TO THE COURT BY THE REJECTED CANDIDATE - ADMISSIBILITY OF ACTION - CONDITIONS

( STAFF REGULATIONS OF OFFICIALS , ARTS 29 ( 2 ), 90 AND 91 )

2 . OFFICIALS - RECRUITMENT - SPECIAL RECRUITMENT PROCEDURE - APPLICATION OF COMPETITION PROCEDURE NOT MANDATORY

( STAFF REGULATIONS OF OFFICIALS , ART . 29 ( 2 ); ANNEX III )

3 . COMMUNITY LAW - GENERAL PRINCIPLES - PRINCIPLE OF THE PROTECTION OF LEGITIMATE EXPECTATION - SCOPE OF APPLICATION OF THE PRINCIPLE TO INDIVIDUALS

4 . OFFICIALS - RECRUITMENT - SPECIAL RECRUITMENT PROCEDURE - APPLICATION OF COMPETITION PROCEDURE NOT MANDATORY - LIMITS - TAKING INTO ACCOUNT OF FUNCTION OF NOTICE OF COMPETITION - PRINCIPLE OF THE PROTECTION OF LEGITIMATE EXPECTATION - APPLICATION OF THE PRINCIPLE

( STAFF REGULATIONS OF OFFICIALS , ANNEX III , ART . 5 , FIRST PARA .)

5 . OFFICIALS - RECRUITMENT - SPECIAL RECRUITMENT PROCEDURE - CONDITIONS FOR INITIATION - DUTY OF THE APPOINTING AUTHORITY TO INDICATE THAT THE PROCEDURE CONSTITUTES A DEROGATION - INFRINGMENT - CONSEQUENCES

( STAFF REGULATIONS OF OFFICIALS , ART . 29 ( 2 ))

Summary

1 . THE TASK ENTRUSTED BY AN INSTITUTION TO A COMMITTEE , WHICH CONSISTS OF SELECTING CANDIDATES SUITABLE FOR A POST TO BE FILLED BY THE SPECIAL RECRUITMENT PROCEDURE PROVIDED FOR IN ARTICLE 29 ( 2 ) OF THE STAFF REGULATIONS , NECESSARILY IMPLIES THAT THE INSTITUTION DELEGATES A CONSIDERABLE DISCRETION TO THAT COMMITTEE IN PARTICULAR IN RESPECT OF THE CRITERIA FOR SELECTION . IT FOLLOWS THAT AN OFFICIAL WHOSE CANDIDATURE HAS BEEN REJECTED AND WHO WAS UNAWARE OF THE TYPE OF PROCEDURE ADOPTED WAS ENTITLED TO CONSIDER THAT THE DECISIONS OF THE COMMITTEE ON THE ADMISSIBILITY OF CANDIDATURES WERE FINAL IN NATURE AND THAT THE INSTITUTION WAS NO LONGER IN A POSITION TO ALTER THEM . THE PERSON CONCERNED IS THEREFORE JUSTIFIED IN CONCLUDING THAT THE PRELIMINARY COMPLAINT IS A FORMALITY DEVOID OF ANY PRACTICAL SIGNIFICANCE .

2.WITHIN THE FRAMEWORK OF THE SPECIAL RECRUITMENT PROCEDURE PROVIDED FOR IN ARTICLE 29 ( 2 ) OF THE STAFF REGULATIONS THE APPOINTING AUTHORITY IS NOT REQUIRED TO APPLY THE PROVISIONS OF ANNEX III TO THE STAFF REGULATIONS RELATING TO NOTICES OF COMPETITION .

IT MAY THEREFORE APPLY IN THE COURSE OF THAT SPECIAL PROCEDURE CRITERIA WHICH ARE NOT SET OUT IN THE VACANCY NOTICE AS PUBLISHED IN THE OFFICIAL JOURNAL . THAT APPLIES EQUALLY TO A SELECTION COMMITTEE TO WHICH THE APPOINTING AUTHORITY HAS DELEGATED ITS RIGHT OF SELECTION .

THAT APPLIES IN PARTICULAR TO THE REQUIREMENT THAT AN AGE-LIMIT , IF THERE IS ONE , MUST BE INDICATED IN THE VACANCY NOTICE . CONSEQUENTLY THE APPOINTING AUTHORITY IS NOT REQUIRED TO REFER EXPRESSLY TO THAT CONDITION IN THE VACANCY NOTICE ; NOR IS IT REQUIRED TO FIX THE AGE-LIMIT ITSELF , BUT IS ENTITLED TO DELEGATE ITS POWER IN THAT RESPECT TO THE SELECTION COMMITTEE .

3.THE RIGHT TO RELY ON THE PRINCIPLE OF THE PROTECTION OF LEGITIMATE EXPECTATION EXTENDS TO ANY INDIVIDUAL WHO IS IN A SITUATION IN WHICH IT APPEARS THAT THE ADMINISTRATION ' S CONDUCT HAS LED HIM TO ENTERTAIN REASONABLE EXPECTATIONS .

4.THE ESSENTIAL FUNCTION OF A NOTICE OF COMPETITION WITHIN THE FRAMEWORK OF THE SPECIAL RECRUITMENT PROCEDURE PROVIDED FOR IN ARTICLE 29 ( 2 ) OF THE STAFF REGULATIONS IS TO GIVE THOSE CONCERNED THE MOST ACCURATE INFORMATION POSSIBLE ABOUT THE CONDITIONS OF ELIGIBILITY TO ENABLE THEM TO JUDGE WHETHER THEY SHOULD APPLY FOR IT .

EVEN THOUGH THE PROVISIONS OF ANNEX III TO THE STAFF REGULATIONS NEED NOT BE APPLIED IN THE CONTEXT OF THE SPECIAL PROCEDURE PROVIDED FOR BY ARTICLE 29 ( 2 ) OF THE STAFF REGULATIONS , THE APPOINTING AUTHORITY IS NEVERTHELESS REQUIRED TO RESPECT THE PRINCIPLE OF THE PROTECTION OF LEGITIMATE EXPECTATION AND CANDIDATES MAY RELY ON THAT PRINCIPLE .

5.A DECISION TO HAVE RECOURSE TO ARTICLE 29 ( 2 ) MADE DURING THE COURSE OF A RECRUITMENT PROCEDURE WHICH HAS BEEN INITIATED NEED NOT NECESSARILY BE TAKEN WHEN THE VACANCY NOTICES ARE PUBLISHED AND NEED NOT BE PUBLISHED IN THE OFFICIAL JOURNAL .

HOWEVER , IF THE APPOINTING AUTHORITY DECIDES TO FILL A POST UNDER ARTICLE 29 ( 2 ) OF THE STAFF REGULATIONS AND IF , FOR THAT REASON , IT DOES NOT CLEARLY STATE ALL THE CONDITIONS REQUIRED OF THE CANDIDATES , IT MUST NEVERTHELESS INDICATE IN AN APPROPRIATE MANNER THAT THE PROCEDURE IN QUESTION CONSTITUTES A DEROGATION FROM THE NORMAL PROVISIONS RELATING TO RECRUITMENT .

IN ANY EVENT , AN INFRINGEMENT OF THAT REQUIREMENT DOES NOT AUTOMATICALLY MEAN THAT THE DISPUTED MEASURE IS VOID BUT MAY IN CERTAIN CIRCUMSTANCES JUSTIFY THE AWARD OF DAMAGES , IF THE PERSON CONCERNED HAS SUFFERED INJURY AS A RESULT .