Case C-527/21 P: Judgment of the Court (Sixth Chamber) of 9 November 2023 — XC v Commission (Appeal — Civil Service — Recruitment — Open Competition EPSO/AD/338/17 — Non-admission of the applicant to the next phase of the competition — Principle of non-discrimination on the ground of disability — Access to documents — Rejection of the request for access to the questions asked during a test — Secrecy of the selection board’s proceedings — Regulation (EC) No 1049/2001 — Article 4(3) — Open Competition EPSO/AD/356/18 — Non-inclusion on a reserve list — Admissibility of an application for the annulment of that reserve list — Right to be heard — Article 47 of the Charter of Fundamental Rights of the European Union — Action for damages)
Date: 2023-11-09
Institutions: Court of Justice
Subjects: EPSO, access to EU information, administrator, competition (EU), confidentiality, discrimination based on disability, equal treatment, indemnification, recruitment, right to justice








C_202400420EN.000101.fmx.xml












Official Journal of the European Union


EN
Series C













C/2024/420


3.1.2024





Judgment of the Court (Sixth Chamber) of 9 November 2023 — XC v Commission
(Case C-527/21 P) (1)

(Appeal - Civil Service - Recruitment - Open Competition EPSO/AD/338/17 - Non-admission of the applicant to the next phase of the competition - Principle of non-discrimination on the ground of disability - Access to documents - Rejection of the request for access to the questions asked during a test - Secrecy of the selection board’s proceedings - Regulation (EC) No 1049/2001 - Article 4(3) - Open Competition EPSO/AD/356/18 - Non-inclusion on a reserve list - Admissibility of an application for the annulment of that reserve list - Right to be heard - Article 47 of the Charter of Fundamental Rights of the European Union - Action for damages)
(C/2024/420)
Language of the case: Italian

Parties


Appellant: XC (represented by: F. Rosi, avvocato)

Other party to the proceedings: European Commission (represented by: A. Spina and L. Vernier, acting as Agents, and A. Dal Ferro, avvocato)

Operative part of the judgment

The Court:






1.


Sets aside the judgment of the General Court of the European Union of 10 February 2012, XC v Commission (T 488/18, EU:T:2021:76) in so far as, by that judgment, first, the General Court dismissed the application for the annulment of the reserve list drawn up in the context of Open Competition EPSO/AD/356/18 with a view to the recruitment of AD 5 administrators, published on 22 May 2019, for being inadmissible on the ground of XC’s lack of interest in bringing proceedings and, second, the General Court rejected XC’s claim for damages seeking compensation for the harm he allegedly suffered ‘in relation to discrimination’ on the part of the European Commission as regards that reserve list;










2.


Dismisses the appeal as to the remainder;










3.


Refers the case back to the General Court of the European Union in order for it to rule, first, on the pleas of inadmissibility raised by the European Commission regarding the application for the annulment of the reserve list drawn up in the context of Open Competition EPSO/AD/356/18, and, if appropriate, on the substance of that application, and, second, on the application for compensation of the damage allegedly suffered by XC on account of discrimination on the part of the Commission in relation to that reserve list;










4.


Reserves the costs.






(1)  
            OJ C 490, 6.12.2021.


ELI: http://data.europa.eu/eli/C/2024/420/oj
ISSN 1977-091X (electronic edition)