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Case C-635/20 P: Judgment of the Court (First Chamber) of 16 February 2023 — European Commission v Italian Republic, Kingdom of Spain (Appeal — Rules on languages — Notice of open competitions for the recruitment of administrators’ functions as investigators and team leaders — Knowledge of languages — Restriction of the choice of the second competition language to English, French and German — Language of communication with the European Personnel Selection Office (EPSO) — Regulation No 1 — Staff Regulations — Article 1d(1) — Difference in treatment based on language — Justification — Interests of the service — Requirement to recruit administrators who are ‘immediately operational’ — Judicial review — Standard of proof required)
ECLI:EU:UNKNOWN:62020CA0635
62020CA0635
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11.4.2023
Official Journal of the European Union
C 127/3
(Case C-635/20 P) (<span class="oj-super oj-note-tag">1</span>)
(Appeal - Rules on languages - Notice of open competitions for the recruitment of administrators’ functions as investigators and team leaders - Knowledge of languages - Restriction of the choice of the second competition language to English, French and German - Language of communication with the European Personnel Selection Office (EPSO) - Regulation No 1 - Staff Regulations - Article 1d(1) - Difference in treatment based on language - Justification - Interests of the service - Requirement to recruit administrators who are ‘immediately operational’ - Judicial review - Standard of proof required)
(2023/C 127/03)
Languages of the case: Spanish and Italian
Parties
Appellant: European Commission (represented by: G. Gattinara, T. Lilamand, D. Milanowska and N. Ruiz García, acting as Agents)
Other parties to the proceedings: Kingdom of Spain (represented by: L. Aguilera Ruiz and A. Gavela Llopis, acting as Agents), Italian Republic (represented by: G. Palmieri, acting as Agent, and by P. Gentili, avvocato dello Stato)
Operative part of the judgment
The Court:
1.Dismisses the appeal;
2.Orders the European Commission to bear its own costs and to pay those incurred by the Kingdom of Spain and the Italian Republic.
(<span class="oj-super">1</span>) OJ C 28, 25.1.2021.