Judgment of the General Court (Seventh Chamber) of 10 November 2021 –
Di Bernardo v Commission
(Case T‑41/20)
(Civil Service – Officials – Recruitment – Notice of competition – Open competition – Conditions of admission – Non-inclusion on the reserve list – Insufficient professional experience – Article 266 TFEU – Decision adopted to give effect to a judgment of the General Court – Measures necessary to give effect to a judgment delivered in an action for annulment – Article 2 of Annex III to the Statute – Equal treatment – Manifest error of assessment – Liability)
1. Officials – Competitions – Notice of competition – Subject matter – Conditions for admission – Possibility of laying down more detailed conditions – Selection Board’s discretion
(Staff Regulations of Officials, Annex III, Art. 1(1))
(see paras 39, 40, 51, 52)
2. Officials – Competitions – Competition based on qualifications and tests – Conditions for admission – Fixing by the competition notice – Selection board’s assessment of candidates’ professional experience – Judicial review – Limits – Manifest error of assessment – Meaning
(Staff Regulations of Officials, Annex III, Arts 2 and 5)
(see paras 72, 74-77)
3. Actions brought by officials – Judgment annulling a measure – Effects – Obligation to implement – Judgment annulling an act concluding an administrative procedure which comprises several stages – Resumption of the procedure at the point at which the illegality occurred – Whether permissible
(Art. 266 TFEU)
(see para. 89)
4. Actions brought by officials – Judgment annulling a measure – Effects – Obligation to implement – Scope – Decision not necessarily having to be on the same grounds as those appearing in the annulled measure
(Art. 266 TFEU)
(see paras 90, 95)
5. Officials – Competitions – Competition based on qualifications and tests – Conditions for admission – Supporting documents – Candidates’ obligation to ensure that documents are adequate
(Staff Regulations of Officials, Annex III, Art. 2)
(see para. 102)
Re:
Application under Article 270 TFEU seeking, first, annulment of the decision of the selection board in the open competition on the basis of tests EPSO/AST-SC/03/15 of 13 March 2019, taken with a view to complying with the judgment of 29 November 2018, Di Bernardo v Commission (T‑811/16, not published, EU:T:2018:859), not to include the applicant’s name on the reserve list for the recruitment of secretaries/clerks at grade SC 1 in the field of financial support and, secondly, compensation for the harm that the applicant claims to have suffered as a result.
Operative part
The Court:
2. | | Orders Mr Danilo di Bernardo to pay the costs. |