This document is an excerpt from the EUR-Lex website
Document 62019CJ0070
Judgment of the Court (Eighth Chamber) of 9 July 2020.
European Commission v HM.
Appeal – Civil service – Officials – Recruitment – Notice of competition EPSO/AST-SC/03/15 – Refusal to allow participation in the assessment tests – Request for review – Email of the European Personnel Selection Office (EPSO) – EPSO’s failure to send the request for review to the selection board of the competition – Ground for refusal – Out of time – Classification of EPSO’s email – Decision to reject the request for review – Powers – No legal basis – Setting aside.
Case C-70/19 P.
Judgment of the Court (Eighth Chamber) of 9 July 2020.
European Commission v HM.
Appeal – Civil service – Officials – Recruitment – Notice of competition EPSO/AST-SC/03/15 – Refusal to allow participation in the assessment tests – Request for review – Email of the European Personnel Selection Office (EPSO) – EPSO’s failure to send the request for review to the selection board of the competition – Ground for refusal – Out of time – Classification of EPSO’s email – Decision to reject the request for review – Powers – No legal basis – Setting aside.
Case C-70/19 P.
Court reports – general
ECLI identifier: ECLI:EU:C:2020:544
Judgment of the Court (Eighth Chamber) of 9 July 2020 – Commission v HM
(Case C‑70/19 P) ( 1 )
(Appeal – Civil service – Officials – Recruitment – Notice of competition EPSO/AST-SC/03/15 – Refusal to allow participation in the assessment tests – Request for review – Email of the European Personnel Selection Office (EPSO) – EPSO’s failure to send the request for review to the selection board of the competition – Ground for refusal – Out of time – Classification of EPSO’s email – Decision to reject the request for review – Powers – No legal basis – Setting aside)
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Officials – Competitions – European Personnel Selection Office (EPSO) – Powers – Review of decisions of a competition selection board – Not included – Rejection by EPSO of a request for review of a decision of a selection board on the grounds that the request is out of time – Unlawfulness (Staff Regulations of Officials, Annex III, Art. 7(2)) (see paras 76-80, 100, 102) |
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Appeal – Grounds – Plea directed against a superfluous ground – Invalid plea in law – Rejection (see para. 105) |
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Actions brought by officials – Interest in bringing proceedings – Plea based on infringement of essential procedural requirements – Limited power of the administration – Invalid plea in law (Staff Regulations of Officials, Art. 91) (see para. 119) |
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Actions brought by officials – Time‑limits – Complaint lodged out of time – Burden of proof (Staff Regulations of Officials, Art. 91(3)) (see para. 123) |
Operative part
The Court:
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Sets aside the judgment of the General Court of the European Union of 21 November 2018, HM v Commission (T‑587/16, EU:T:2018:818); |
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Refers the case back to the General Court of the European Union; |
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3. |
Reserves the costs. |
( 1 ) OJ C 164, 13.5.2019.