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1. Officials ° Actions ° Action brought against decision of a selection board ° Pleas alleging irregularities in the notice of competition not contested in good time ° Inadmissible ° Limits ° Irregularities appearing during the course of the competition
(Staff Regulations, Art. 91)
2. Officials ° Actions ° Action brought against the non-inclusion of a person on a list of suitable candidates ° Admissible ° Pleas which may be relied on
(Staff Regulations, Art. 91)
1. An official may not, in support of an action brought against a decision of a selection board, rely on pleas based on the alleged irregularity of the notice of competition when he has failed to challenge in good time the provisions of those notice which he considers to affect him adversely. 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, which would be contrary to the principles of legal certainty, the protection of legitimate expectations and sound administration. The situation is not the same in the case of an official who relies on irregularities which may originate in the wording of the notice of competition but which also occur in the course of the competition.
2. An action against a decision not to include a candidate' s name on the list of suitable candidates drawn up by a selection board is in principle admissible. However, if the non-inclusion follows from the candidate' s failure in the tests to obtain the minimum number of points required by the notice of competition, the applicant can validly put forward only one plea in law, namely manifest error by the selection board in assessing his abilities and in particular that the selection board was wrong to award him an insufficient mark at the tests. As the applicant has not argued that the selection board was wrong to award him an insufficient mark, the claim for the annulment or amendment of the list of suitable candidates is inadmissible.