Judgment of the General Court of 24 September 2015 — Italy and Spain v Commission
(Case T-124/13 and T-191/13) 1
(Languages — Notice of open competition for the recruitment of administrators and assistants — Choice of second language from three languages — Language of communication with candidates in competitions — Regulation No 1 — Article 1d(1), Article 27 and Article 28(f) of the Staff Regulations — Principle of non-discrimination — Proportionality)
Language of the case: Italian and Spanish
Parties
Applicants: Italian Republic (represented by: G. Palmieri, acting as Agent, assisted by P. Gentili, avvocato dello Stato) (Case T-124/13) and Kingdom of Spain (represented initially by S. Centeno Huerta, and subsequently by J. García-Valdecasas Dorrego, abogados del Estado) (Case T-191/13)
Defendant: European Commission (represented, in Case T-124/13, by J. Currall, B. Eggers and G. Gattinara and, in Case T-191/13, by J. Curral, J. Baquero Cruz and B. Eggers, acting as Agents)
Intervener in support of the applicant, Italian Republic: Kingdom of Spain (represented initially by S. Centeno Huerta, and subsequently by J. García-Valdecasas Dorrego, abogados del Estado)
Re:
In Case T-124/13, application for annulment, first, of the notice of open competition, EPSO/AST/125/12, for the drawing up of a reserve recruitment list for assistants in the fields of audit, finance and accounting, and economics and statistics (OJ 2012 C 394 A, p. 1), secondly, of the notice of open competition, EPSO/AST/126/12, for the drawing up of a reserve recruitment list of assistants in the fields of biology, life and health sciences, chemistry, physics and material sciences, nuclear research, civil and mechanical engineering, and electrical engineering and electronics (OJ 2012, C 394 A, p. 11) and, thirdly, of the notice of open competition, EPSO/AD/248/13, for the drawing up of a reserve recruitment list of administrators (AD 6) in the fields of buildings security and engineering in special building techniques (OJ 2013, C 29 A, p. 1), and in Case T-191/13, application for annulment of the notice of open competition, EPSO/AD/248/13.
Operative part of the judgment
The Court:
Joins Cases T-124/13 and T-191/13 for the purposes of the judgment;
Annuls the notice of open competition, EPSO/AST/125/12, for the drawing up of a reserve recruitment list for assistants in the fields of audit, finance and accounting, and economics and statistics, the notice of open competition, EPSO/AST/126/12, for the drawing up of a reserve recruitment list of assistants in the fields of biology, life and health sciences, chemistry, physics and material sciences, nuclear research, civil and mechanical engineering, and electrical engineering and electronics, and the notice of open competition, EPSO/AD/248/13, for the drawing up of a reserve recruitment list of administrators (AD 6) in the fields of buildings security and engineering in special building techniques;
Orders the European Commission to bear its own costs and to pay those incurred by the Italian Republic in Case T-124/13 and those incurred by the Kingdom of Spain in Case T-191/13;
Orders the Kingdom of Spain to bear its own costs relating to its intervention in Case T-124/13.
____________1 OJ C 164, 8.6.2013.