Judgment of the General Court (Fourth Chamber) of 12 December 2018.Caroline Colin v European Commission.Civil service — Recruitment — Notice of competition — Open competition — Conditions of admission — Non-inclusion on the reserve list — Diploma — Professional experience.Case T-614/16.

Judgment // 12/12/2018 // 3 min read
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Judgment of the General Court (Fourth Chamber) of 12 December 2018 –Colin v Commission

(Case T‑614/16)

(Civil service — Recruitment — Notice of competition — Open competition — Conditions of admission — Non-inclusion on the reserve list — Diploma — Professional experience)

  1. Officials — Actions — Acts adversely affecting an official — Decision adopted after reconsideration of a previous decision — Decision adopted by a competition selection board after reviewing the file of a candidate not admitted to the competition

(Staff Regulations of Officials, Arts 90(2) and 91(1))

(see para. 26)

  1. Officials — Competitions — Competition based on qualifications and tests — Conditions for admission — Requirements to be complied with by candidates — Scope

(Staff Regulations of Officials, Annex III, Art. 2)

(see para. 48)

  1. Officials — Competitions — Competition based on qualifications and tests — Requirement to have a diploma — Concept of a diploma giving access to post-secondary education — Determination on the basis of the legislation of the Member State in which the studies took place

(see paras 56, 57)

  1. Officials — Competitions — Competition based on qualifications and tests — Conditions for admission — Classification of a candidate’s diploma — Obligation to take into consideration the previous classification by the same administration

(Staff Regulations of Officials, Annex III, Art. 5)

(see paras 63-65)

  1. Officials — Competitions — Competition based on qualifications and tests — Conditions for admission — Experience — Selection board’s assessment of candidates’ professional experience — Judicial review — Limits

(Staff Regulations of Officials, Annex III, Arts 2 and 5)

(see paras 72-75)

  1. Officials — Competitions — Competition based on qualifications and tests — Conditions for admission — Supporting documents — Candidates’ obligation to ensure that documents are adequate

(Staff Regulations of Officials, Annex III, Art. 2)

(see para. 76)

Re:

Application pursuant to Article 270 TFEU seeking the annulment, first, of the decision of 18 February 2015 of the selection board in Open Competition EPSO/AST-SC/01/14, organised by the European Personnel Selection Office (EPSO), not to include the applicant’s name on the reserve list from which to recruit officials in the institutions of the European Union, secondly, of the decision of 17 September 2015, of the same selection board, to reject her request for a review and, thirdly, of the Commission’s rejection decision of 12 May 2016 in response to the applicant’s complaint against the selection board’s decision.

Operative part

The Court:

  1. Annuls the decision of 17 September 2015 by which the selection board in Open Competition EPSO/AST-SC/01/14 confirmed, after review, that the applicant could not be included in the reserve list from that competition;

  2. Dismisses the action as to the remainder;

  3. Orders the European Commission to pay the costs.