This document is an excerpt from the EUR-Lex website
Document 62017TJ0830
Judgment of the General Court (First Chamber) of 13 November 2018.
Gyula Szentes v European Commission.
Civil service — Officials — Recruitment — Competition notice — Open competition — Admission conditions — Professional experience — Selection board’s decision not to allow the applicant to sit the competition — Request for review — Plea of illegality — Obligation to state reasons — Distortion of information in the application form — Manifest error of assessment — Breach of the notice of competition.
Case T-830/17.
Judgment of the General Court (First Chamber) of 13 November 2018.
Gyula Szentes v European Commission.
Civil service — Officials — Recruitment — Competition notice — Open competition — Admission conditions — Professional experience — Selection board’s decision not to allow the applicant to sit the competition — Request for review — Plea of illegality — Obligation to state reasons — Distortion of information in the application form — Manifest error of assessment — Breach of the notice of competition.
Case T-830/17.
Judgment of the General Court (First Chamber) of 13 November 2018 –
Szentes v Commission
(Case T‑830/17)
(Civil service — Officials — Recruitment — Competition notice — Open competition — Admission conditions — Professional experience — Selection board’s decision not to allow the applicant to sit the competition — Request for review — Plea of illegality — Obligation to state reasons — Distortion of information in the application form — Manifest error of assessment — Breach of the notice of competition)
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Actions brought by officials — Plea of illegality — Measures the illegality of which may be pleaded — Notice of competition — Challenge in the context of a request for review free of charge — Right to an effective remedy — Scope — Internal appeal — Not included (Charter of Fundamental Rights of the European Union, Art. 47) (see paras 19-22) |
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Officials — Decision adversely affecting an official — Obligation to state reasons — Scope (Staff Regulations of Officials, Art. 25, second para.) (see paras 25, 31) |
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Officials — Competitions — Competition based on qualifications and tests — Conditions for admission — Fixing by the competition notice — Selection board’s assessment of candidates’ professional experience — Judicial review — Limits (Staff Regulations of Officials, Annex III, Arts 2 and 5) (see paras 36-41, 43, 47-48) |
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Officials — Competitions — Selection Board — Independence — Limits — Adoption of unlawful decisions — Obligations of the appointing authority — Judicial review (see paras 70, 71) |
Re:
Application based on Article 270 TFEU seeking the annulment, first, of the decision of the chair of the selection board for Competition EPSO/AD/330/16 — Nuclear safeguards inspectors (AD 7) of 24 February 2017 not to admit the applicant to the next stage of that competition and, second, as far as necessary, of the decision of the European Personnel Selection Office (EPSO) of 29 September 2017 rejecting his complaint.
Operative part
The Court:
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Dismisses the action; |
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Orders Mr Gyula Szentes to pay the costs. |