Judgment of the General Court (Ninth Chamber) of 8 September 2021

1. European UnionRules on languagesRegulation No 1ScopeRelations between the institutions and their staffIncluded in the absence of specific regulations

(Council Regulation No 1, Art. 6)

(see para. 27)

2. OfficialsCompetitionsHolding of an open competitionLanguages of participation in testsLimitation of the choice of second languageDiscrimination based on languageJustification having regard to the interests of the serviceObservance of the principle of proportionality

(Council Regulation No 1, Art. 1; Staff Regulations of Officials, Art. 1d(6))

(see paras 32-34)

3. OfficialsCompetitionsHolding of an open competitionLanguages of participation in testsLimitation of the choice of second languageJudicial reviewScope

(Staff Regulations of Officials, Art. 1d)

(see paras 35-37)

4. OfficialsCompetitionsHolding of an open competitionLanguages of communication between the European Personnel Selection Office (EPSO) and the candidatesRestrictionWhether permissibleStatement of reasonsJustification having regard to the interests of the serviceObservance of the principle of proportionality

(see paras 47-49)

5. OfficialsCompetitionsHolding of an open competitionLanguages of participation in testsEqual treatmentRequirement of specific linguistic knowledgeStatement of reasonsJustification having regard to the interests of the serviceObservance of the principle of proportionality

(Staff Regulations of Officials, Arts 27, first para,. and 28(f))

(see paras 64-71)

6. OfficialsCompetitionsHolding of an open competitionLanguages of participation in testsLimitation of the choice of second languageDiscrimination based on languageJustification based on the interest of the service in recruiting staff that are operational immediatelyNot permissible

(see paras 102-105, 122, 123)

7. Actions brought by officialsJudgment annulling a measureEffectsAnnulment of a notice of open competitionLegitimate expectations of the candidates selectedNo effect on candidates already recruited

(see para. 158)

Re:

Application under Article 263 TFEU for annulment of notice of open competition EPSO/AD/374/19 for the establishment of a reserve list in the fields of competition law, financial law, economic and monetary union law, financial rules applicable to the EU budget, and protection of euro coins against counterfeiting (OJ 2019 C 191 A, p. 1).

Operative part

The Court:

1. Annuls notice of open competition EPSO/AD/374/19 for the establishment of a reserve list in the fields of competition law, financial law, economic and monetary union law, financial rules applicable to the EU budget, and protection of euro coins against counterfeiting;

2. Orders the European Commission to bear its own costs and to pay those incurred by the Kingdom of Spain.