This document is an excerpt from the EUR-Lex website
Document 62018TJ0684
Judgment of the General Court (Fifth Chamber) of 16 October 2019.
ZV v European Commission.
Civil service — Officials — Recruitment — Notice of vacancy — Commission’s deputy mediator — Procedure — Assessment of the merits.
Case T-684/18.
Judgment of the General Court (Fifth Chamber) of 16 October 2019.
ZV v European Commission.
Civil service — Officials — Recruitment — Notice of vacancy — Commission’s deputy mediator — Procedure — Assessment of the merits.
Case T-684/18.
ECLI identifier: ECLI:EU:T:2019:748
Judgment of the General Court (Fifth Chamber) of 16 October 2019 –
ZV v Commission
(Case T‑684/18)
(Civil service — Officials — Recruitment — Notice of vacancy — Commission’s deputy mediator — Procedure — Assessment of the merits)
1. |
Actions brought by officials — Prior administrative complaint — Correspondence between the complaint and the application — Same subject matter and legal basis — Submissions and arguments not made in the complaint but closely related to it — Admissibility (Staff Regulations of Officials, Arts 90 and 91) (see para. 20) |
2. |
Actions brought by officials — Prior administrative complaint — Subject matter — Correspondence between the complaint and the application — Reliance on infringement of essential procedural requirements at any stage of the proceedings — Whether permissible — Conflict of interests not constituting an infringement of essential procedural requirements (see para. 25) |
3. |
Actions brought by officials — Pleas in law — Misuse of powers — Conflict of interests — Subjective nature which precludes review by the Court of its own motion — Inadmissibility — Subjectivity of criteria set out in a vacancy notice — Admissibility (Art. 270 TFUE) (see paras 29-31) |
4. |
Actions brought by officials — Plea of illegality — Need for a close link between the contested measure and the allegedly unlawful earlier measure — Dispute as to the lawfulness of a vacancy notice at the time of an action brought against a rejection of candidature restricted to the provisions which formed the basis for that rejection (Art. 277 TFEU; Staff Regulations of Officials, Art. 91) (see para. 34) |
5. |
Actions brought by officials — Pleas in law — Misuse of powers — Concept (see para. 35) |
6. |
Officials — Vacancy notice — Determination of minimum qualifications required for the post to be filled — Discretion of the appointing authority — Scope (Staff Regulations of Officials, Art. 29) (see para. 38) |
7. |
Officials — Vacancy — Post of Commission’s deputy mediator — Consideration of the comparative merits of candidates — Involvement of a selection board — Whether permissible (see para. 59) |
8. |
Officials — Decision adversely affecting an official — Rejection of candidature — Obligation to state reasons — Scope — Observance of the secrecy of the selection board’s proceedings (Staff Regulations of Officials, Arts 25(2) and 90(2)) (see paras 72-74) |
9. |
Officials — Vacancy — Consideration of the comparative merits of candidates — Administration’s discretion — Judicial review — Limits (Staff Regulations of Officials, Art. 29(1)(a)) (see paras 82, 83) |
Re:
Application based on Article 270 TFEU seeking annulment of the Commission’s decision of 8 February 2018 appointing A as the Commission’s deputy mediator and the note of 12 February 2018 by which the Commission informed the applicant of the outcome of the selection procedure.
Operative part
The Court:
1. |
Dismisses the action; |
2. |
Orders ZV to bear her own costs and to pay those incurred by the European Commission. |