Judgment of the General Court of 13 September 2010 - Italy v Commission

(Joined Cases T-166/07 and T-285/07) ¹

(Rules on the use of languages - Notice of open competitions for the recruitment of administrators and assistants - Publication in three official languages - Amendments - Publication in all the official languages - Choice of the second language from three languages - Regulation No 1 - Articles 27, 28 and 29(1) of the Staff Regulations - Article 1(1) and (2) of Annex III to the Staff Regulations - Obligation to state reasons - Principle of non-discrimination - Misuse of power)

Language of the case: Italian

Parties

Applicant: Italian Republic (in Case T-166/07 represented by P. Gentili, avvocato dello Stato, and in Case T-285/07, represented initially by P. Gentili and I. Braguglia, Agent, and subsequently by P. Gentili and R. Adam, Agent, and finally by P. Gentili and I. Bruni, Agent)

Defendant: European Commission (in Case T-166/07, represented initially by J. Currall, H. Krämer and M. Velardo, Agents, and subsequently by J. Currall and I. Baquero Cruz, Agent, assisted by A. Dal Ferro, lawyer, and in Case T-285/07, represented initially by J. Currall and A. Aresu, Agent, and subsequently by J. Currall and I. Baquero Cruz, assisted by A. Dal Ferro)

Interveners in support of the applicant: Republic of Lithuania (in Case T-166/07 represented by D. Kriaučiūnas, Agent), and Hellenic Republic (in Case T-285/07 represented by S. Vodina and M. Michelogiannaki, Agents)

Re:

Application for the annulment of Notice of Open Competition EPSO/AD/94/07 for the drawing up of a reserve list for the recruitment of Administrators (AD 5) in the field of information, communication and the media (OJ 2007 C 45 A, p. 3) and Notice of Open Competition EPSO/AST/37/07 for the drawing up of a reserve list for the recruitment of Assistants (AST 3) in the field of communication and information (OJ 2007 C 45 A, p. 15), and Notice of Open Competition EPSO/AD/95/07 for the drawing up of a reserve list for the recruitment of Administrators (AD 5) in the field of information science (library/documentation) (OJ 2007 C 103 A, p. 7).

Operative part of the judgment

The Court:

Dismisses the action;

Orders the Italian Republic to bear its own costs and to pay those of the European Commission;

Orders the Republic of Lithuania and the Hellenic Republic to bear their own costs.

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¹ - OJ C 155, 7.7.2007.