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Document 61987CJ0100

Shrnutí rozsudku

Keywords
Summary

Keywords

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1 . Officials - Recruitment - Competition - Competition based on qualifications and tests - Refusal to admit a candidate to the tests - Statement of reasons - Duty - Scope

( Staff Regulations of Officials, Annex III, Art . 5 )

2 . Officials - Recruitment - Competition - Assessment of candidates' merits - Review of applications in implementation of a judgment of the Court - Obligations of the selection board

( Staff Regulations of Officials, Annex III, Art . 5 )

Summary

1 . In order to make allowance for the practical difficulties which arise in a competition for which there is a very large number of applications, the selection board for such a competition may initially send to a candidate not admitted to the tests merely information on the criteria for selection and the result thereof and not give individual explanations until later, to those candidates who expressly request them .

That requirement is not met where, in a letter to the candidate not admitted to the tests in reply to his request for an explanation, the selection board does not specify what elements of his personal file constituted the reason for the refusal to admit him to the tests .

2 . When a selection board reviews applications in implementation of a judgment of the Court it must do so with the required diligence and with particular care .

Reliance on the notes and personal recollections of the members of the selection board, which are liable to be incomplete and inaccurate, in order to reconstruct opinions expressed several years earlier by the superiors of a very large number of candidates constitutes a serious irregularity of such a kind as to justify the annulment of the decisions by which the selection board refused to admit the candidates concerned to the tests .

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