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Document 62021CO0305
Order of the Court (Eighth Chamber) of 31 March 2022.
João Miguel Barata v European Parliament.
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Civil service – Officials – Article 45a of the Staff Regulations of Officials of the European Union – Certification procedure – 2017 promotion exercise – Exclusion from the final list of officials entitled to take part in the training programme – Notice of competition – Obligation to include a list of annexes with the application form – Non-compliance – Rejection of the application – Principle of sound administration – Proportionality – Regulation No 1 – Rules on languages.
Case C-305/21 P.
Order of the Court (Eighth Chamber) of 31 March 2022.
João Miguel Barata v European Parliament.
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Civil service – Officials – Article 45a of the Staff Regulations of Officials of the European Union – Certification procedure – 2017 promotion exercise – Exclusion from the final list of officials entitled to take part in the training programme – Notice of competition – Obligation to include a list of annexes with the application form – Non-compliance – Rejection of the application – Principle of sound administration – Proportionality – Regulation No 1 – Rules on languages.
Case C-305/21 P.
Court reports – general
ECLI identifier: ECLI:EU:C:2022:253
Order of the Court (Eighth Chamber) of 31 March 2022 – Barata v Parliament
(Case C‑305/21 P) ( 1 )
(Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Civil service – Officials – Article 45a of the Staff Regulations of Officials of the European Union – Certification procedure – 2017 promotion exercise – Exclusion from the final list of officials entitled to take part in the training programme – Notice of competition – Obligation to include a list of annexes with the application form – Non-compliance – Rejection of the application – Principle of sound administration – Proportionality – Regulation No 1 – Rules on languages)
1. |
Appeal – Pleas in law – Plea raised for the first time in the context of the appeal – Inadmissibility (Art. 256(1), second para., TFEU; Statute of the Court of Justice, Art. 58, first para.; Rules of Procedure of the Court of Justice, Art. 170(1)) (see paras 7 [4], 8) |
2. |
Officials – Certification procedure – Conditions for admission – Fixing by the competition notice – Requirement to provide supporting documents – No warning from the administration concerning a candidate’s missing documents – Breach of duty to have regard for the welfare of staff and of the principle of sound administration – Absence (Staff Regulations, Art. 45a) (see paras 7 [15-20], 8) |
3. |
Officials – Certification procedure – Conditions for admission – Fixing by the competition notice – Administration's discretion – Judicial review – Limits – Requirement to include a list of annexes, failing which the application would be rejected – Breach of principle of proportionality – None (Staff Regulations, Art. 45a) (see paras 7 [28-30, 33-35], 8) |
4. |
European Union – Rules on languages – Regulation No 1 – Scope – Relations between the institutions and their staff – Included in the absence of specific regulations (Council Regulation No 1, Arts 1 and 6) (see paras 7 [38], 8) |
5. |
European Union – Rules on languages – Regulation No 1 – Scope – Candidates taking part in an external competition – Included – Candidates taking part in an internal competition – Not included – No breach of the principle of equal treatment (Council Regulation No 1, Arts 1 and 6) (see paras 7 [42, 43], 8) |
6. |
Officials – Certification procedure – Notice of competition – No obligation to publish in all the official languages of the European Union – Discrimination based on language – Whether permissible – Conditions (Charter of Fundamental Rights of the European Union, Art. 21; Staff Regulations, Art. 1d(6) and 45a and Annex III, Art. 1(2); Council Regulation No 1, Art. 5) (see paras 7 [51, 52], 8) |
Operative part
1. |
The appeal is dismissed as in part manifestly inadmissible and in part manifestly unfounded. |
2. |
Mr João Miguel Barata shall bear his own costs. |
( 1 ) OJ C 207, 23.5.2022.