Case T-312/21: Judgment of the General Court of 14 December 2022 — SY v Commission (Civil service — Recruitment — Notice of competition — Open Competition EPSO/AD/374/19 — Decision not to include the applicant’s name on the competition reserve list — Action for annulment — Amendment of the notice of competition after a part of the admission tests have been carried out — Lack of legal basis — Legitimate expectations — Legal certainty — Force majeure — Equal treatment — Entitlement to special arrangements — Organisation of the tests remotely — High pass rate of internal candidates — Action for failure to act)
Date: 2022-12-14
Institutions: General Court
Subjects: administrator, competition (EU), equal treatment, principle of legal certainty, recruitment








C_2023063EN.01003801.xml










20.2.2023   


EN


Official Journal of the European Union


C 63/38






Judgment of the General Court of 14 December 2022 — SY v Commission
(Case T-312/21) (1)

(Civil service - Recruitment - Notice of competition - Open Competition EPSO/AD/374/19 - Decision not to include the applicant’s name on the competition reserve list - Action for annulment - Amendment of the notice of competition after a part of the admission tests have been carried out - Lack of legal basis - Legitimate expectations - Legal certainty - Force majeure - Equal treatment - Entitlement to special arrangements - Organisation of the tests remotely - High pass rate of internal candidates - Action for failure to act)
(2023/C 63/47)
Language of the case: German

Parties


Applicant: SY (represented by: T. Walberer, lawyer)

Defendant: European Commission (represented by: L. Hohenecker, T. Lilamand and D. Milanowska, acting as Agents)

Re:

By his action based on Article 270 TFUE and on Article 91 of the Staff Regulations of Officials of the European Union, the applicant seeks, in essence, first, the annulment of the addendum to the notice of Open Competition EPSO/AD/374/19 (OJ 2020 C 374 A, p. 3), which amended the rules for the tests in that competition on account of the outbreak of the COVID-19 pandemic, of the invitation by the European Commission of 20 November 2020 to sit a test, of the reserve list drawn up at the end of that competition in the field of competition law, of the decisions concerning the recruitment of candidates carried out on the basis of that reserve list and of the review decision of the competition selection board confirming the decision not to include his name on the reserve list. He requests, secondly, in the alternative, that, in the judgment to be delivered, the Court specify the detailed requirements to be complied with by the Commission in order to restore the applicant to the legal position he was in prior to the illegality committed by that selection board, in order to enable the latter to include his name on the reserve list. He requests, thirdly, that the Court find that the Commission infringed Article 265 TFEU by failing to issue a decision in respect of the applicant’s administrative complaint of 17 January 2021.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders SY to bear his own costs and to pay one half of the costs incurred by the European Commission;










3.


Orders the Commission to bear one half of its own costs.






(1)  OJ C 310, 2.8.2021.