ORDER OF THE COURT OF FIRST INSTANCE (First Chamber)

30 March 2000

Case T-12/00

Ezio Crestaz

v

Commission of the European Communities

‛Officials — Non-admission to competition — Incomplete candidature file — Action manifestly unfounded in law’

Full text in Italian   II-289

Application for:

annulment of the selection committee's decision of 22 October 1999 not to admit the applicant to the tests in special recruitment procedure COM/RA/01/1999.

Held:

The application is dismissed as manifestly unfounded in law. The parties shall bear their own costs.

Summary

1. Officials — Competition — Competition based on qualifications and tests — Conditions of admission — Production of qualifications for the purpose of admission to the tests — Obligation on candidates in the terms of the notice of competition — Scope — Participation in previous competitions — No effect

2. Officials — Competition — Special procedure for the recruitment of temporary staff — Conditions of admission — Evidence showing professional experience — Discrimination — Absence

1.  A selection board for a competition cannot be required to undertake its own inquiries in order to ascertain whether candidates have been allowed to take part in a previous competition procedure. Candidates are responsible for providing the selection board with all the information which they consider relevant to the examination of their candidatures. When clear provisions in a notice of competition lay down the unequivocal requirement that candidates attach to their application form all necessary supporting documents, a candidate's failure to comply with that obligation cannot enable or, a fortiori, oblige the selection board or the appointing authority to act contrary to that notice of competition.

   (see para. 22)

   See: 225/87 Belardinelli and Others v Court of Justice [1989] ECR 2353; C-255/90 P Búrban v Parliament [1992] ECR I-2253, para. 12

2.  When the conditions set out in a notice of selection restrict access to the selection tests to candidates having relevant professional experience of a minimum duration, it is legitimate and justifiable, for the purpose of checking candidates' professional experience, to request in the application form that a certificate of employment or one or more contracts or employment and the most recent pay-slip be submitted. Such provisions are not in any way discriminatory.

   (see para. 25)