201807270032025182018/C 285/543552018TC28520180813EN01ENINFO_JUDICIAL20180608383811

(Case T-355/18)

Language of the case: Spanish

Parties

Applicant: Kingdom of Spain (represented by: M. García-Valdecasas Dorrego, Agent)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:

—Annul the notice of open competitions;

—Order the European Commission to pay the costs.

Pleas in law and main arguments

The present action is directed against the notice of open competitions to fill posts in the civil service as administrators (AD 6), EPSO/AD/340/18 and EPSO/AD/341/18.

In support of its action, the applicant relies on four pleas in law.

1.First plea in law, alleging infringement of Articles 1 and 2 of Regulation No 1/58, Article 22 of the Charter of Fundamental Rights of the European Union (‘the Charter’), and Article 1d of the Staff Regulations, by imposing the restriction, which extends to the application form, that communication between EPSO and the applicant should be solely in English, French and German.

2.Second plea in law, alleging infringement of Articles 1 and 6 of Regulation No 1/58; Article 22 of the Charter; and Article 1d(1) and (6), Article 27 and Article 28(f) of the Staff Regulations, by improperly restricting the selection of the second language to four languages only, namely English, French, German and Italian, thereby excluding the other official languages of the European Union.

3.Third plea in law, alleging that the selection of English, French, German and Italian constitutes an arbitrary selection giving rise to discrimination on the ground of language, prohibited by Article 1 of Regulation No 1/58; Article 22 of the Charter; and Article 1d(1) and (6), Article 27 and Article 28(f) of the Staff Regulations.

4.Fourth plea in law, alleging that the fact that the contested notice fails expressly to specify that language 1 must be the language in which candidates have a minimum level C1 (thorough knowledge) gives rise to discrimination on the ground of nationality and discrimination on the ground of the language ‘spoken’, in breach of Article 1 of Regulation No 1/58; Article 22 of the Charter; and Article 1d(1) and (6), Article 27 and Article 28(f) of the Staff Regulations.