Keywords
Summary

Keywords

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1 . OFFICIALS - RECRUITMENT - SELECTION BOARD - DECISION - EXCLUSIVE JURISDICTION OF THE COURT

( STAFF REGULATIONS OF OFFICIALS OF THE EC, ARTICLE 91 )

2 . OFFICIALS - RECRUITMENT - NOTICE OF COMPETITION - EQUIVALENT EXPERIENCE IN EMPLOYMENT - PARTIAL AND ARBITRARY NATURE OF A SPECIFICATION - APPLICATION OF GENERAL FORMULA CONTAINED IN THE THIRD SUBPARAGRAPH OF ARTICLE 5 ( 1 ) OF THE STAFF REGULATIONS - POWERS AND DUTIES OF THE SELECTION BOARD

( STAFF REGULATIONS OF OFFICIALS OF THE EC, ANNEX III, ARTICLE 1 ( 1 ) ( B ))

3 . OFFICIALS - RECRUITMENT - CONSIDERATION OF APPLICATIONS - DUTIES OF THE SELECTION BOARD

( STAFF REGULATIONS OF OFFICIALS OF THE EC, ANNEX III, ARTICLE 5 )

Summary

1 . THE ONLY FORM OF APPEAL OPEN TO INDIVIDUALS IN RELATION TO A DECISION TAKEN BY A SELECTION BOARD LIES IN AN APPLICATION TO THE COURT, WHICH ALONE HAS JURISDICTION TO ANNUL SUCH DECISIONS .

2 . IF, IN A NOTICE OF COMPETITION THE TERM " EQUIVALENT EXPERIENCE IN EMPLOYMENT " CANNOT BE INTERPRETED WITHOUT REMAINING INCOMPLETE OR ARBITRARY, RECOURSE MUST BE HAD TO THE GENERAL FORMULA CONTAINED IN THE THIRD SUBPARAGRAPH OF ARTICLE 5 ( 1 ) OF THE STAFF REGULATIONS AND THE SELECTION BOARD FOR THE COMPETITION MUST BE LEFT TO ASSESS IN EACH CASE WHETHER THE CERTIFICATES PRODUCED OR THE EXPERIENCE OF EACH CANDIDATE CORRESPOND TO THE LEVEL REQUIRED BY THE STAFF REGULATIONS AND, THEREFORE, BY THE NOTICE OF COMPETITION . THE ADOPTION OF THIS SOLUTION IMPLIES, HOWEVER THAT THE SELECTION BOARD SHALL BE BOUND TO GIVE REASONS FOR ITS DECISIONS ON THIS QUESTION, IF ONLY IN SUMMARY FORM .

3 . THE SELECTION BOARD IS OBLIGED TO GIVE SUFFICIENT REASONS FOR THE CONCLUSIONS IT REACHES ON THE COMPARISON OF THE QUALIFICATIONS SUBMITTED BY THE CANDIDATES WITH THOSE REQUIRED BY THE NOTICE OF COMPETITION .