This document is an excerpt from the EUR-Lex website
Document 61975CJ0022
Summary of the Judgment
Summary of the Judgment
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1 . OFFICIALS - RECRUITMENT - PROMOTION - TRANSFER - SEVERAL ELIGIBLE CANDIDATES - INTERNAL COMPETITION - IMMEDIATE ORGANIZATION - PERMITTED
( STAFF REGULATIONS, ARTICLE 29 )
2 . OFFICIALS - RECRUITMENT - ASSISTANT TO AN OFFICIAL - RIGHT OF SUCCESSION - NON-EXISTENT
( STAFF REGULATIONS, ARTICLE 29 )
3 . OFFICIALS - RECRUITMENT - POST - POST RESERVED FOR NATIONALS OF A SPECIFIC MEMBER STATE - PROHIBITION - SPECIFIC ABILITIES - REQUIRED IN THE INTERESTS OF THE SERVICE - PERMITTED
( STAFF REGULATIONS, ARTICLE 27 )
4 . OFFICIALS - RECRUITMENT - CONDITIONS - THROUGH KNOWLEDGE OF LANGUAGE - LEVEL OF KNOWLEDGE REQUIRED
( STAFF REGULATIONS, ARTICLE 27 )
1 . THE EXISTENCE OF SEVERAL PERSONS ELIGIBLE FOR PROMOTION OR TRANSFER MAY LEAD THE APPOINTING AUTHORITY TO THE CONCLUSION THAT THE INTERESTS OF THE SERVICE AND THE IMPARTIALITY OF RECRUITMENT RENDER AN INTERNAL COMPETITION DESIRABLE .
2 . BOTH THE INTERESTS OF THE SERVICE AND THE RIGHTS OF OTHER OFFICIALS MILITATE AGAINST ATTRIBUTING TO THE ASSISTANT OF AN OFFICIAL WHOSE POST BECOMES VACANT THE RIGHT TO SUCCEED HIM WHEREVER IT APPEARS FROM HIS FILE THAT HE HAS THE QUALIFICATIONS NECESSARY TO FILL THAT POST .
3 . WHILST THE STAFF REGULATIONS PROHIBIT THE RESERVING OF POSTS FOR NATIONALS OF ANY SPECIFIC MEMBER STATE, THE APPOINTING AUTHORITY MAY NEVERTHELESS MAKE ITS SELECTION, WHEN RECRUITING AN OFFICIAL, DEPENDENT UPON SPECIFIC ABILITIES REQUIRED IN THE INTERESTS OF THE SERVICE .
4 . WHERE A 'THOROUGH' KNOWLEDGE OF A LANGUAGE, OTHER THAN THAT OF THE MOTHER TONGUE, IS REQUIRED IN RESPECT OF A POSSIBLE APPOINTMENT, THE LEVEL OF KNOWLEDGE REQUIRED MUST BE ONE APPROPRIATE TO THE ACTUAL REQUIREMENTS OF THE SERVICE .