This document is an excerpt from the EUR-Lex website
Document 61978CJ0112
Streszczenie wyroku
Streszczenie wyroku
1 . OFFICIALS - RECRUITMENT - COMPETITION - PRINCIPLES FOR SELECTION - SUCCESSIVE COMPETITIONS - OBJECTIVE CONDITIONS FOR ENTRY IDENTICAL - DIFFERENT INTERPRETATION ACCORDING TO NUMBER OF CANDIDATES - NOT ACCEPTABLE - DIFFERENT APPRAISAL OF SAME CANDIDATE IN SUCCESSIVE COMPETITIONS - PERMISSIBILITY - CONDITIONS
( STAFF REGULATIONS OF OFFICIALS , ANNEX III , ART . 5 )
2 . OFFICIALS - RECRUITMENT - COMPETITION - SELECTION BOARD - REJECTION OF CANDIDATURE - DUTY TO STATE REASONS - SCOPE
( STAFF REGULATIONS OF OFFICIALS , ANNEX III , ART . 5 )
1 . ALTHOUGH THE FACT THAT A LARGE NUMBER OF CANDIDATES APPLY TO TAKE PART IN A COMPETITION MAY JUSTIFY A RIGOROUS SELECTION BY MEANS OF ELIMINATORY TESTS IT CANNOT BE ACCEPTED THAT THE OBJECTIVE REQUIREMENTS FOR ADMISSION TO THE TESTS , WHICH ARE FORMULATED IN IDENTICAL TERMS , SHOULD BE GIVEN A DIFFERENT INTERPRETATION FROM ONE COMPETITION TO ANOTHER IN THE LIGHT OF THE NUMBER OF CANDIDATES . IN ANY EVENT , A CANDIDATE CANNOT FORM THE SUBJECT OF A LESS FAVOURABLE APPRAISAL THAN THAT MADE OF HIM IN A PREVIOUS COMPETITION , UNLESS THE STATEMENT OF THE REASONS ON WHICH THE DECISION IS BASED CLEARLY JUSTIFIES SUCH A DIFFERENCE OF APPRAISAL .
2 . ALTHOUGH IT IS PERMISSIBLE , HAVING REGARD TO THE LARGE NUMBER OF CANDIDATES , TO MAKE USE OF SUMMARIZED STATEMENTS OF REASONS FOR REFUSING TO ADMIT A CANDIDATE TO THE TESTS , A MERE REFERENCE TO THE CONDITION WHICH WAS NOT FULFILLED CANNOT SATISFY THE REQUIREMENT TO STATE REASONS WHERE SUCH A REFERENCE IS NOT CAPABLE OF PROVIDING THE PERSON CONCERNED WITH A SUFFICIENT INDICATION TO ALLOW HIM TO KNOW WHETHER THE REFUSAL IS WELL FOUNDED OR ON THE OTHER HAND WHETHER IT IS VITIATED BY A DEFECT WHICH WOULD MAKE IT POSSIBLE TO CONTEST ITS LEGALITY .