Judgment of the General Court of 9 June 2021 – Calhau Correia de Paiva v Commission
(Case T-202/17) 1
(Language regime – Competition EPSO/AD/293/14 for the recruitment of administrators in the fields of competition law, corporate finance, financial economics, industrial economics and macroeconomics (AD 7) – Non-inclusion on the reserve list – Plea of illegality – Limitation of the choice of the second language of the competition to English, French or German – Regulation No 1 – Article 1d(1) of the Staff Regulations – Discrimination based on language – Justification – Interests of the service)
Language of the case: English
Parties
Applicant: Ana Calhau Correia de Paiva (Brussels, Belgium) (represented by: V. Villante, G. Pandey and D. Rovetta, lawyers)
Defendant: European Commission (represented by: L. Radu Bouyon, I. Melo Sampaio and L. Vernier, acting as Agents)
Re:
Application under Article 270 TFEU for annulment, firstly, of the decision of the selection board for competition EPSO/AD/293/14 – Administrators (AD 7) in the fields of competition law, corporate finance, financial economics, industrial economics and macroeconomics of 9 November 2015 not to include the applicant’s name on the reserve list drawn up at the end of the selection procedure, secondly, of the decision of 23 June 2016 reviewing that first decision, thirdly, of the decision of 22 December 2016 rejecting the complaint filed by the applicant against the first decision and, fourthly, of the reserve list drawn up at the end of the selection procedure referred to above in so far as that reserve list concerns the field of competition law.
Operative part of the judgment
The Court:
Annuls the decision of the selection board of open competition EPSO/AD/293/14 of 23 June 2016, transmitted by the European Personnel Selection Office (EPSO), rejecting the request for review made by Ms Ana Calhau Correia de Paiva following her exclusion from the reserve list of the competition by a decision of 9 November 2015;
Dismisses the action as to the remainder;
Orders Ms Calhau Correia de Paiva to bear one third of her own costs;
Orders the European Commission to bear its own costs and to pay two thirds of the costs incurred by Ms Calhau Correia de Paiva.
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1 OJ C 195, 19.6.2017.