This document is an excerpt from the EUR-Lex website
Document 61985CJ0432
Sumarul hotărârii
Sumarul hotărârii
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1 . OFFICIALS - RECRUITMENT - COMPETITION - CONDITIONS OF ADMISSION - AGE-LIMIT APPLICABLE TO CANDIDATES - EXTENSION FOR SERVANTS OF THE COMMUNITIES - CONCEPT OF AGENT - SELF-EMPLOYED PROOF-READER - NOT INCLUDED
( STAFF REGULATIONS OF OFFICIALS, ANNEX III, ART . 1*(1)*(G ))
2 . OFFICIALS - ACTIONS - INTEREST IN BRINGING PROCEEDINGS - SUBMISSION OF INFRINGEMENT OF AN ESSENTIAL PROCEDURAL REQUIREMENT - CIRCUMSCRIBED POWERS OF THE ADMINISTRATION - SUBMISSION NOT VALID
( STAFF REGULATIONS OF OFFICIALS, ART . 91 )
1 . WHERE, PURSUANT TO ARTICLE 1*(1)*(G ) OF ANNEX III TO THE STAFF REGULATIONS, THE NOTICE OF COMPETITION SPECIFIES THE AGE-LIMIT APPLICABLE TO THE CANDIDATES AND PROVIDES FOR ITS EXTENSION FOR SERVANTS OF THE COMMUNITIES WHO HAVE COMPLETED NOT LESS THAN ONE YEAR' S SERVICE, THE TERM "SERVANT" MUST BE INTERPRETED AS REFERRING, ON THE ONE HAND, TO OFFICIALS OF THE COMMUNITIES AND, ON THE OTHER HAND, TO "OTHER SERVANTS" AS DEFINED IN ARTICLE 1 OF THE CONDITIONS OF EMPLOYMENT OF OTHER SERVANTS OF THE EUROPEAN COMMUNITIES, NAMELY TEMPORARY STAFF, AUXILIARY STAFF, LOCAL STAFF AND SPECIAL ADVISERS . A SELF-EMPLOYED PROOF-READER SUPPLYING SERVICES ON DEMAND DOES NOT FALL WITHIN ANY OF THOSE CATEGORIES .
2 . AN APPLICANT HAS NO LEGITIMATE INTEREST IN SEEKING THE ANNULMENT OF A DECISION FOR BREACH OF A PROCEDURAL REQUIREMENT WHEN THE ADMINISTRATION HAS NO DISCRETION AND IS BOUND TO ACT AS IT DID . IN SUCH A CASE THE ANNULMENT OF THE CONTESTED DECISION COULD ONLY GIVE RISE TO ANOTHER DECISION SUBSTANTIALLY IDENTICAL TO THE DECISION ANNULLED .