ORDER OF THE CIVIL SERVICE TRIBUNAL (Second Chamber)

10 June 2008

Case F-40/07

Cécile Baudelet-Leclaire

v

Commission of the European Communities

(Civil service – Open competition – Failure to include candidate’s name on the reserve list – Equal treatment)

Application: brought under Articles 236 EC and 152 EA, in which Mrs Baudelet-Leclaire essentially seeks annulment of open competition EPSO/AST/7/05 organised to constitute a reserve pool of assistants (AST 3) in the fields of ‘financial management/accountancy’ and ‘project/contract management’.

Held: The action is dismissed as manifestly unfounded. The parties are to bear their own costs.

Summary

Officials – Equal treatment – Recruitment – Competitions

(Staff Regulations, Annex III, Art. 5)

In an open competition to join the Community civil service, open equally to candidates who have worked or work for an institution and to candidates without such professional experience, statistics showing a higher success rate for candidates in the first group do not give grounds for assuming that there has been discrimination between candidates from either group, since that difference could be accounted for by a number of objective factors such as, for example, better knowledge of the competition field.

(see paras 41, 43-44)

See:

T-294/03 Gibault v Commission [2005] ECR-SC I‑A‑141 and II‑635, para. 53; T-361/03 Vanlangendonck v Commission [2005] ECR-SC I‑A‑377 and II‑1709, para. 52; T-100/04 Giannini v Commission [2008] ECR-SC I-A-2-0000 and II-A-2-0000, para. 157