(Officials – Open competition – Preselection tests – Cancellation of a multiple-choice question – Principle of proportionality – Breach of the competition notice)

Full text in German II - 0000

Application: for annulment of the decision of the selection board in open competition COM/A/11/01 not to admit the applicant to the tests following the preselection tests.

Held: The application is dismissed as inadmissible in so far as it seeks annulment of the decision of 19 July 2002. The application is dismissed as unfounded in so far as it seeks annulment of the decision of 4 June 2002. The parties are to bear their own costs

Summary

(Staff Regulations, Arts 90 and 91)

(Staff Regulations, Arts 90 and 91)

(Staff Regulations, Annex III, Art. 1(1))

(see para. 25)

See: 52/85 Rihoux v Commission [1986] ECR 1555, para. 9 et seq.

Since the pre-litigation procedure is informal in character and those concerned are generally acting without the assistance of a lawyer at that stage, the administration must not interpret the complaints restrictively but, on the contrary, must consider them with an open mind.

(see paras 37-39)

See: 133/88 Del Amo Martinez v Parliament [1989] ECR 689, para. 11; T-262/94 Baiwir v Commission [1996] ECR-SC I-A-257 and II-739, para. 41; T-174/02 Wieme v Commission [2003] ECR-SC I-A-241 and II-1165, para. 18, and the case-law cited therein

(see paras 53-55)

See: T-189/99 Gerochristos v Commission [2001] ECR-SC I-A-11 and II-53, para. 25; T-167/99 and T-174/99 Giulietti and Others v Commission [2001] ECR‑SC I-A-93 and II-441, para. 58

(see para. 63)

See: 67/81 Ruske v Commission [1982] ECR 661, para. 9; T-80/96 Fernandes Leite Mateus v Council [1997] ECR-SC I-A-87 and II-259, para. 27; T-24/01 Staelen v Parliament [2003] ECR-SC I-A-79 and II-423, para. 47