11.4.2023   

EN

Official Journal of the European Union

C 127/2


Judgment of the Court (First Chamber) of 16 February 2023 — European Commission v Italian Republic, Kingdom of Spain

(Case C-623/20 P) (1)

(Appeal - Rules on languages - Notice of open competition for the recruitment of administrators in the field of audit - Knowledge of languages - Restriction of the choice of the second competition language to English, French and German - Language of communication with the European Personnel Selection Office (EPSO) - Regulation No 1 - Staff Regulations - Article 1d(1) - Difference in treatment based on language - Justification - Interests of the service - Requirement to recruit administrators who are ‘immediately operational’ - Judicial review - Standard of proof required)

(2023/C 127/02)

Language of the case: Italian

Parties

Appellant: European Commission (represented by: and D. Milanowska, acting as Agents)

Other parties to the proceedings: Italian Republic (represented by: G. Palmieri, acting as Agent, and by P. Gentili, avvocato dello Stato), Kingdom of Spain (represented by: L. Aguilera Ruiz and A. Gavela Llopis, acting as Agents)

Operative part of the judgment

The Court:

1.

Dismisses the appeal;

2.

Orders the European Commission to bear its own costs and to pay those incurred by the Italian Republic;

3.

Orders the Kingdom of Spain to bear its own costs.


(1)  OJ C 28, 25.1.2021.