Keywords
Summary

Keywords

1 . PROCEDURE - FRESH ISSUE RAISED IN THE COURSE OF PROCEEDINGS - CONDITIONS - FRESH ISSUE - CONCEPT

( RULES OF PROCEDURE , ART . 42 ( 2 ))

2 . OFFICIALS - RECRUITMENT - SPECIAL RECRUITMENT PROCEDURE - APPLICATION OF THE COMPETITION PROCEDURE NOT MANDATORY

( STAFF REGULATIONS OF OFFICIALS , ART . 29 ( 2 ); ANNEX III )

Summary

1 . WHILST ARTICLE 42 ( 2 ) OF THE RULES OF PROCEDURE OF THE COURT PROVIDES THAT NO FRESH ISSUE MAY BE RAISED IN THE COURSE OF PROCEEDINGS UNLESS IT IS BASED ON MATTERS OF LAW OR OF FACT WHICH COME TO LIGHT IN THE COURSE OF THE WRITTEN PROCEDURE , A SUBMISSION WHICH MAY BE REGARDED AS AMPLIFYING A SUBMISSION MADE PREVIOUSLY , DIRECTLY OR BY IMPLICATION IN THE ORIGINAL APPLICATION , MUST HOWEVER BE CONSIDERED ADMISSIBLE .

2.WITHIN THE FRAMEWORK OF THE SPECIAL RECRUITMENT PROCEDURE PROVIDED FOR IN ARTICLE 29 ( 2 ) OF THE STAFF REGULATIONS , THE APPOINTING AUTHORITY IS NOT REQUIRED TO APPLY THE PROVISIONS OF ANNEX III TO THE STAFF REGULATIONS RELATING TO NOTICES OF COMPETITION AND THE FACT THAT THE AUTHORITY HAS REFERRED TO PART OF THOSE RULES CAN IN NO CIRCUMSTANCES BE REGARDED AS CREATING AN OBLIGATION ON ITS PART .

IT MAY THEREFORE APPLY IN THE COURSE OF THAT SPECIAL PROCEDURE CRITERIA WHICH ARE NOT SET OUT IN THE VACANCY NOTICE AS PUBLISHED IN THE OFFICIAL JOURNAL . THAT APPLIES EQUALLY TO A SELECTION COMMITTEE TO WHICH THE APPOINTING AUTHORITY HAS DELEGATED ITS RIGHT OF SELECTION .

THAT APPLIES IN PARTICULAR TO THE REQUIREMENT THAT AN AGE-LIMIT , IF THERE IS ONE , MUST BE INDICATED IN THE VACANCY NOTICE . CONSEQUENTLY THE APPOINTING AUTHORITY IS NOT REQUIRED TO REFER EXPRESSLY TO THAT CONDITION IN THE VACANCY NOTICE , NOR IS IT REQUIRED TO FIX THE AGE-LIMIT ITSELF , BUT IS ENTITLED TO DELEGATE ITS POWER IN THAT RESPECT TO THE SELECTION COMMITTEE .