Judgment of the Court (Third Chamber) of 26 November 1981. - Bernard Michel v European Parliament. - Official - Non-admission to the tests for a competition. - Case 195/80.
European Court reports 1981 Page 02861
Summary
Parties
Subject of the case
Grounds
Decision on costs
Operative part
Keywords
1 . OFFICIALS - APPLICATION TO THE COURT - PRIOR COMPLAINT THROUGH OFFICIAL CHANNELS - TIME-LIMITS - LATE RECEIPT OF AN UNREGISTERED LETTER BY THE OFFICIAL TO WHOM IT IS ADDRESSED - ONUS OF PROOF OF THE DELAY
( STAFF REGULATIONS OF OFFICIALS , ART . 90 ( 2 ))
2 . OFFICIALS - DECISION ADVERSELY AFFECTING AN OFFICIAL - DUTY TO STATE GROUNDS ON WHICH BASED - REMEDYING FAILURE TO STATE GROUNDS DURING PROCEDURE BEFORE THE COURT - NOT PERMISSIBLE
( STAFF REGULATIONS OF OFFICIALS , ART . 25 )
3 . OFFICIALS - RECRUITMENT - COMPETITION - SELECTION BOARD - REFUSAL TO ADMIT TO COMPETITION - DUTY TO STATE GROUNDS ON WHICH BASED - SCOPE - COMPETITION WITH MANY ENTRANTS
( STAFF REGULATIONS OF OFFICIALS , ANNEX III , ART . 5 )
Summary
1 . AN OFFICIAL TO WHOM AN UNREGISTERED LETTER HAS BEEN SENT BY THE ADMINISTRATION IS NOT REQUIRED TO SHOW THE REASONS FOR ANY DELAY IN ITS DELIVERY .
2 . THE REQUIREMENT THAT A DECISION ADVERSELY AFFECTING A PERSON SHOULD STATE THE REASONS ON WHICH IT IS BASED IS INTENDED TO ENABLE THE COURT TO REVIEW THE LEGALITY OF THE DECISION AND TO PROVIDE THE PERSON CONCERNED WITH DETAILS SUFFICIENT TO ALLOW HIM TO ASCERTAIN WHETHER THE DECISION IS WELL FOUNDED OR WHETHER IT IS VITIATED BY AN ERROR WHICH WILL ALLOW ITS LEGALITY TO BE CONTESTED . IT FOLLOWS THAT THE STATEMENT OF REASONS MUST IN PRINCIPLE BE NOTIFIED TO THE PERSON CONCERNED AT THE SAME TIME AS THE DECISION ADVERSELY AFFECTING HIM AND THAT A FAILURE TO STATE THE REASONS CANNOT BE REMEDIED BY THE FACT THAT THE PERSON CONCERNED LEARNS THE REASONS FOR THE DECISION DURING THE PROCEEDINGS BEFORE THE COURT .
3 . THE SECRECY OF THE PROCEEDINGS OF THE SELECTION BOARD CANNOT ABSOLVE A SELECTION BOARD FOR A COMPETITION FROM ITS OBLIGATION TO INFORM A CANDIDATE WHO IS REJECTED AT THE STAGE OF THE SELECTION ON THE BASIS OF QUALIFICATIONS OF THE REASONS FOR THAT DECISION , AT LEAST IN SUMMARIZED FORM . THAT REQUIREMENT TO GIVE A STATEMENT OF REASONS MUST HOWEVER BE EVALUATED HAVING REGARD TO THE DIFFERENT LEVELS AND TYPES OF COMPETITION AND , MORE PARTICULARLY , TO THE NUMBER OF CANDIDATES COMPETING IN EACH OF THEM . IN THE CASE OF COMPETITIONS WHERE THE CANDIDATES ARE MORE NUMEROUS , THE STATEMENT OF THE REASONS FOR THE REJECTION OF APPLICATIONS MUST NOT BE SO VOLUMINOUS AS TO PLACE AN INTOLERABLE BURDEN ON THE PROCEEDINGS OF THE SELECTION BOARDS AND THE WORK OF THE PERSONNEL ADMINISTRATION .
IN ORDER TO MAKE ALLOWANCE FOR THE PRACTICAL DIFFICULTIES CONFRONTING A SELECTION BOARD FOR A COMPETITION FOR WHICH THERE IS A