Kingdom of Spain v European Parliament.
Date: 2019-03-26
37


However, as is apparent from the case-law of the Court, it cannot be inferred from the European Union’s obligation to respect linguistic diversity that there is a general principle of law entitling each person to have everything likely to affect his or her interests drafted in his or her language in all circumstances, and that the institutions are required, without any derogation being permissible, to use all the official languages in all situations (see, to that effect, judgments of 9 September 2003, Kik v OHIM, C‑361/01 P, EU:C:2003:434, paragraph 82; of 27 November 2012, Italy v Commission, C‑566/10 P, EU:C:2012:752, paragraph 88; and of 6 September 2017, Slovakia and Hungary v Council, C‑643/15 and C‑647/15, EU:C:2017:631, paragraph 203).
67


With respect, next, to the existence of a legitimate objective of general interest in the framework of staff policy, within the meaning of Article 1d(6) of the Staff Regulations, capable of justifying that difference in treatment, it follows from the Court’s case-law that the interests of the service may require that the persons recruited have specific language skills. Consequently, the specific nature of the tasks to be performed may justify recruitment based, inter alia, on a thorough knowledge of a specific language (see, to that effect, judgments of 19 June 1975, Küster v Parliament, 79/74, EU:C:1975:85, paragraphs 16 and 17; of 29 October 1975, Küster v Parliament, 22/75, EU:C:1975:140, paragraphs 13 and 14; and of 27 November 2012, Italy v Commission, C‑566/10 P, EU:C:2012:752, paragraph 88).
68


In that regard, in the context of a selection procedure, the institutions have a wide discretion to assess the interest of the service and the qualifications and merits of the candidates to be taken into consideration (see, by analogy, judgments of 4 February 1987, Bouteiller v Commission, 324/85, EU:C:1987:59, paragraph 6; of 3 April 2003, Parliament v Samper, C‑277/01 P, EU:C:2003:196, paragraph 35; and of 9 October 2008, Chetcuti v Commission, C‑16/07 P, EU:C:2008:549, paragraph 77). It is therefore not for the Court to substitute its assessment for that of the administration as regards, in particular, the specific language knowledge which should be required, in the interests of the service, from candidates (see, by analogy, judgment of 3 April 2003, Parliament v Samper, C‑277/01 P, EU:C:2003:196, paragraph 35 and the case-law cited).
69


However, it is for the institution which restricted the language regime of a selection procedure to a limited number of official languages of the Union to establish that such a restriction is indeed appropriate for the purpose of meeting the actual needs relating to the duties that the persons recruited will be required to carry out. In addition, any requirement relating to specific language skills must be proportionate to that interest and be based on clear, objective and predictable criteria enabling candidates to understand the reasons for that requirement and allowing the EU judicature to review the lawfulness thereof (see, to that effect, judgment of 27 November 2012, Italy v Commission, C‑566/10 P, EU:C:2012:752, paragraphs 90 and 92).
83


When deciding on the consequences arising from the annulment of a measure relating to the selection procedures for EU staff, the Court must seek to reconcile the interests of candidates disadvantaged by an irregularity which occurred during that procedure with the interests of other candidates, as a result of which it must take into account not only the need to restore the injured candidates’ rights, but also the legitimate expectations of the candidates already selected (see, to that effect, judgment of 6 July 1993, Commission v Albani and Others, C‑242/90 P, EU:C:1993:284, paragraph 14).
84


As regards, in particular, irregularities which occurred in respect of the language regime applicable to a selection procedure, the legitimate expectations of candidates already selected must be taken into account by weighing the effects of any challenge to the lists of candidates drawn up on the basis of that selection procedure against the interest of the injured candidates (see, to that effect, judgment of 27 November 2012, Italy v Commission, C‑566/10 P, EU:C:2012:752, paragraph 103).
86


In that regard, it should be noted, as the Kingdom of Spain has done, that the candidates who were included in the database in question did not benefit, as such, from any guarantee of employment. Thus, those candidates, unlike those who have already been offered a contract agent post on the basis of their inclusion in that database and who therefore enjoy a legitimate expectation that their recruitment will not be called into question, did not receive any additional assurance from the administration liable to create a legitimate expectation as to their recruitment.