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Document 61987CJ0164

Summary of the Judgment

Keywords
Summary

Keywords

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1 . Officials - Action - Interest in bringing proceedings - Action for the annulment of all the steps in a competition - Candidate admitted to the tests but whose name was not placed on the list of suitable candidates - Admissible only in regard to the final decision adversely affecting him

( Staff Regulations of Officials, Art . 91 )

2 . Officials - Action - Action brought against a decision of a selection board - Submissions alleging irregularities in the competition notice not contested in good time - Inadmissible

( Staff Regulations of Officials, Art . 91 )

Summary

1 . If a competition consists of a series of separate operations giving rise to measures which may be contested separately, a candidate may challenge only the decisions adversely affecting him and where he was eliminated only at the final stage when the list of suitable candidates was drawn up, he cannot seek the annulment of all the steps in the competition .

2 . An official may not, in support of an action brought against a decision of a selection board, rely on submissions alleging irregularities in the competition notice if he did not challenge in good time the provisions of a competition notice which, in his view, adversely affects him . Were it otherwise, it would be possible to challenge a competition notice long after it had been published and after most, or all, of the operations carried out in connection with the competition had already taken place, and that would be contrary to the principles of legal certainty, legitimate expectation and sound administration .

The situation of an applicant who relies on irregularities the origin of which may be found in the wording of the competition notice but which occurred in the course of the competition is different .

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