Keywords
Summary

Keywords

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1. Officials ° Actions ° Interest in bringing proceedings ° Action by a candidate for a vacant post against appointment of another candidate ° Neither candidate satisfying the conditions of the vacancy notice ° Admissibility by reason of the applicant' s interest where the post has been filled in accordance with other conditions

(Staff Regulations, Art. 91)

2. Officials ° Organization of services ° Detailed list of posts ° Legal status ° None

3. Officials ° Promotion ° Consideration of comparative merits ° Discretion of the administration ° Limits ° Compliance with the conditions laid down by vacancy notice

(Staff Regulations, Art. 45)

4. Officials ° Administration' s obligation of assistance ° Scope

(Staff Regulations, Art. 24)

Summary

1. A candidate for a vacant post may bring an action contesting a decision appointing another candidate to that post if he can show a legitimate, certain and existing interest in obtaining the annulment of that appointment.

That is the case with regard to a candidate who does not meet the conditions laid down by the vacancy notice but who, if he obtained the annulment of the appointment of his only competitor on the ground that the latter did not meet them either, could make possible a re-assessment of his qualifications for filling the post in question in the framework of a procedure for filling it in accordance with other conditions.

2. A detailed list of posts drawn up in an institution is an internal document which does not possess the characteristics of an administrative measure, does not produce legal effects and is intended purely for purposes of information.

3. There is an assumption that the exercise by the appointing authority of its discretion in evaluating the interests of the service and the merits to be taken into account in connection with a promotion decision will include careful examination of the files and meticulous regard to the requirements laid down in the vacancy notice. As the essential purpose of the vacancy notice is to inform those concerned as accurately as possible of the nature of the conditions required to occupy the post in question, the vacancy notice is the legal framework which the appointing authority lays down for itself. However, if the appointing authority finds that the conditions required in the vacancy notice are more exacting than the needs of the service demand, it is entitled to reopen the promotion procedure on a new basis, after withdrawing the original vacancy notice and replacing it by an amended notice. On the other hand, it can only reject candidates who do not meet the conditions laid down by the original vacancy notice if it intends to make its selection on the basis of that notice.

4. The obligation of assistance laid down by Article 24 of the Staff Regulations is concerned with the defence of officials by the institution against the acts of third parties and not against acts emanating from the institution itself, the review of which is governed by other provisions of the Staff Regulations.