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European Court reports 1991 Page II-00139 Pub.RJ Page Pub somm
The appointing authority does not exceed the limits of its discretion if it requires that studies must be evidenced by a diploma in order for them to be taken into account as equivalent to previous experience. Such a requirement also makes it possible to avoid differences in treatment at the time of recruitment.
In Case T-109/89, Georges-Marc André, an official of the Commission of the European Communities, residing in Jambes (Belgium), represented by Manuel Campolini, of the Brussels Bar, with an address for service in Luxembourg at the Chambers of Victor Gillen, 13 rue Aldringen, applicant, v Commission of the European Communities, represented by Joseph Griesmar, Legal Adviser, acting as Agent, with an address for service in Luxembourg at the office of Guido Berardis, a member of the Commission' s Legal Department, Albert Wagner Centre, Kirchberg, defendant, APPLICATION for a declaration that the applicant is entitled to be classified, as from his employment with the Commission, in Grade B 4, step 3, THE COURT OF FIRST INSTANCE (Fifth Chamber), composed of: C. P. Briët, President, D. Barrington and J. Biancarelli, Judges, (the grounds of the judgment are not reproduced)
hereby: (1) Dismisses the application; (2) Orders the parties to bear their own costs.