Judgment of the Court (Third Chamber) of 28 April 1983. - David Lipman v Commission of the European Communities. - Public service - Refusal of admission to a competition - Assessment of the requirement of practical experience. - Case 143/82.
European Court reports 1983 Page 01301
Summary
Parties
Subject of the case
Grounds
Decision on costs
Operative part
Keywords
1 . OFFICIALS - RECRUITMENT - COMPETITION - CONDITIONS OF ADMISSION - PRACTICAL EXPERIENCE - CRITERIA FOR ASSESSMENT
( STAFF REGULATIONS OF OFFICIALS , ANNEX III , ART . 1 ( D ))
2 . OFFICIALS - RECRUITMENT - COMPETITION - CONDITIONS OF ADMISSION - CRITERIA OF CLASSIFICATION OF POSTS - MORE RIGOROUS CONDITIONS OF ADMISSION - PERMISSIBILITY
( STAFF REGULATIONS OF OFFICIALS , ARTS 5 AND 29 ; ANNEX III )
3 . OFFICIALS - RECRUITMENT - COMPETITION - REFUSAL OF ADMISSION TO THE COMPETITION - IMPOSSIBILITY FOR PERSON CONCERNED TO RELY UPON THE CONDITIONS OF ADMISSION TO ANOTHER COMPETITION - CONDITIONS
( STAFF REGULATIONS OF OFFICIALS , ANNEX III , ART . 5 )
4 . OFFICIALS - EQUAL TREATMENT - BREACH OF PRINCIPLE - CONDITIONS
Summary
1 . THE ONLY PURPOSE OF ARTICLE 1 ( D ) OF ANNEX III TO THE STAFF REGULATIONS OF OFFICIALS , WHICH PROVIDES THAT THE NOTICE OF COMPETITION MUST SPECIFY ' ' THE DIPLOMAS AND THE EVIDENCE OF FORMAL QUALIFICATIONS OR THE DEGREE OF EXPERIENCE REQUIRED FOR THE POSTS TO BE FILLED ' ' IS TO SPECIFY THE HEADINGS WHICH EVERY NOTICE OF COMPETITION MUST CONTAIN AND CANNOT BE REGARDED AS LAYING DOWN THE PRECISE CONTENT OF EACH OF THOSE HEADINGS . THEREFORE IT IS IMPOSSIBLE TO ACCEPT THE ARGUMENT TO THE EFFECT THAT THE CONDITION OF ADMISSION TO A COMPETITION RELATING TO THE CANDIDATES ' PRACTICAL EXPERIENCE SHOULD BE FORMULATED IN RELATION TO THE POST TO BE FILLED AND NOT IN TERMS OF WHEN EXPERIENCE WAS ACQUIRED IN RELATION TO THE DEGREE OR DIPLOMA .
2 . THE PROVISIONS OF ARTICLE 5 OF THE STAFF REGULATIONS SEEK TO PROVIDE A GENERAL DEFINITION OF THE MINIMUM LEVEL REQUIRED FOR AN OFFICIAL OF THE CATEGORY IN QUESTION ACCORDING TO THE NATURE OF THE DUTIES ATTACHING TO THE POSTS AND DO NOT CONCERN THE CONDITIONS OF RECRUITMENT . THOSE CONDITIONS ARE GOVERNED BY THE PROVISIONS OF ARTICLE 29 AND OF ANNEX III TO THE STAFF REGULATIONS AND THERE IS NOTHING TO PREVENT THE CONDITIONS FIXED BY THE NOTICE OF COMPETITION IN RELATION TO PARTICULAR POSTS OR PARTICULAR CATEGORIES OF POSTS FROM BEING MORE RIGOROUS THAN THE MINIMUM CONDITIONS ARISING OUT OF THE CLASSIFICATION OF POSTS , WHETHER IN ORDER TO FILL A PARTICULAR VACANT POST OR TO DRAW UP A RESERVE IN ORDER TO FILL POSTS IN A PARTICULAR CATEGORY .
3 . A CANDIDATE FOR A COMPETITION CANNOT RELY TO ANY PURPOSE , IN SUPPORT OF HIS CLAIM THAT THE SELECTION BOARD ' S DECISION NOT TO ADMIT HIM SHOULD BE ANNULLED , UPON CONDITIONS OF ADMISSION TO ANOTHER COMPETITION ORGANIZED BY THE