11.12.2017

Official Journal of the European Union

C 424/53

Action brought on 9 October 2017 — Spain v Commission

(Case T-704/17)

(2017/C 424/77)

Language of the case: Spanish

Parties

Applicant: Kingdom of Spain (represented by: M. García-Valdecasas Dorrego, acting as Agent)

Defendant: European Commission

Form of order sought

The applicant claims that the General Court should:

—	annul the competition notice;

—	order the European Commission to pay the costs.

Pleas in law and main arguments

In support of the action, the applicant relies on three pleas in law.

First plea: infringement of Articles 1 and 2 of Regulation No 1/58, of Article 22 of the Charter of Fundamental Rights of the European Union (‘the Charter’) and of Article 1d of the Staff Regulations through the imposition of the restriction, which extends to the application form, that communication between EPSO and the candidate is to be solely in English, French and German.

Second plea: infringement of Articles 1 and 6 of Regulation No 1/58, of Article 22 of the Charter and of Article 1d(1) and (6) of the Staff Regulations in that the choice of second language is improperly restricted to solely three languages, namely English, French and German, to the exclusion of the other official languages of the European Union, and because in Option 1 the third language is restricted to English, French and German, to the exclusion of the other official languages of the European Union.

3.	Third plea: the choice of English, French and German constitutes an arbitrary choice that gives rise to discrimination on the ground of language prohibited by Article 1 of Regulation No 1/58, Article 22 of the Charter and Article 1d(1) and (6) of the Staff Regulations.