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Document 61987CJ0225
Sammanfattning av domen
Sammanfattning av domen
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1 . Officials - Recruitment - Competition - Competition based on qualifications and tests - Non-admission to the tests - Statement of reasons for non-admission - Obligation - Scope
( Staff Regulations, Annex III, Art . 5 )
2 . Officials - Recruitment - Competition - Conditions for admission - Practical experience equivalent to a certificate - Selection Board' s power of appraisal
( Staff Regulations, Art . 5 ( 1 ) )
3 . Officials - Recruitment - Competition - Competition based on qualifications and tests - Consideration of candidates' certificates for the purpose of admission to tests - Different appraisal of same candidate in successive competitions - Permissibility - Conditions
( Staff Regulations, Annex III, Art . 5 )
1 . In order to take account of the practical difficulties which arise in a competition in which there is a very large number of applicants, the Selection Board may initially send to candidates merely information on the criteria for selection and the result thereof, provided that they give individual explanations at a later stage to those candidates who expressly request them .
2 . In defining the conditions for admission to the tests, in particular the condition relating to experience equivalent to a certificate, the competition notice may lawfully merely repeat the general wording of Article 5 ( 1 ) of the Staff Regulations and thus leave it to the Selection Board to decide in each case whether the qualifications and diplomas produced and the relevant experience claimed by each candidate correspond to the level required by the Staff Regulations for the discharge of duties appropriate to the category to which the notice of competition relates .
3 . Where the Selection Board can verify fulfilment of the conditions of the competition notice only by making a partially subjective appraisal, it is free to depart from the appraisal made in that regard by previous Selection Boards, but it must then state the special reasons which justify its decision .
However, the obligation to give reasons for every decision concerning a candidate on the ground that the appraisal relating to him is less favourable than one made about him in a previous competition applies only if the person concerned brought the matter to the attention of the Selection Board . A Selection Board cannot be required to make investigations itself in order to determine whether candidates were admitted to the tests in an earlier competition procedure . It is incumbent on the candidates to provide the Selection Board with all the information they consider pertinent to the appraisal of their applications, even if they have not been formally called on to do so .