Order of the General Court (Fifth Chamber) of 5 September 2019 –
Italy v Commission
(Cases T‑313/15 and T‑317/15)
(Rules on the use of languages — Notices of open competition for the recruitment of administrators — Choice of second language from three languages — Regulation No 1 — Article 1d(1), Article 27 and Article 28(f) of the Staff Regulations — Principle of non-discrimination — Proportionality — Manifestly well-founded action)
1. Officials — Notice of open competition — Languages of participation in tests — Limitation of the choice of second language — Discrimination based on language — Justification based on the interests of the service that new recruits be immediately operational — Unlawful
(Staff Regulations of Officials, Arts 1d and 28(f) and Annex III, Art. 1(1)(f); Council Regulation No 1, Art. 1)
(see paras 54-57, 63-65, 70, 105)
2. Officials — Notice of open competition — Languages of participation in tests — Equal treatment — Judicial review — Scope
(Staff Regulations of Officials, Art. 1d)
(see paras 67, 68)
3. Officials — Competitions — Holding of an open competition — Languages of communication between the European Personnel Selection Office (EPSO) and the candidates — Restriction — Lawfulness — Statement of reasons — Justification having regard to the interests of the service — Observance of the principle of equal treatment between candidates
(Staff Regulations of Officials, Arts 1d(1) and 6, and Annex III, Art. 1; Council Regulation No 1, Arts 2 and 5)
(see paras 120-123, 130)
Re:
| In Case T‑313/15, application under Article 263 TFEU for annulment of the notice of open competition EPSO/AD/301/15 to draw up a reserve list of administrators (AD 5) (OJ 2015 C 92 A, p.1), and, in Case T‑317/15, application under Article 263 TFEU for annulment of the notice of open competition EPSO/AD/3012/15 to draw up a reserve list of administrators in the field of audit (AD 5) (OJ 2015 C 99 A, p.1). |
Operative part
1. | | Cases T‑313/15 and T‑317/15 are joined for the purpose of the present order. |
2. | | The notice of open competition EPSO/AD/301/15 to draw up a reserve list of administrators (AD 5) and the notice of open competition EPSO/AD/3012/15 to draw up a reserve list of administrators in the field of audit (AD 5) are annulled. |
3. | | The European Commission shall bear its own costs and pay those incurred by the Italian Republic. |
4. | | The Kingdom of Spain shall bear its own costs. |