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Case T-437/16: Judgment of the General Court of 9 September 2020 — Italy v Commission (Language regime — Notice of open competition for the recruitment of administrators in the field of audit — Language knowledge — Limitation of the choice of second language to German, English and French — Language for communication — Regulation No 1 — Article 1d(1), Article 27 and Article 28(f) of the Staff Regulations — Discrimination on grounds of language — Justification — Interest of the service — Proportionality)

ECLI:EU:UNKNOWN:62016TA0437

62016TA0437

September 9, 2020
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Official Journal of the European Union

C 378/25

(Case T-437/16) (*)

(Language regime - Notice of open competition for the recruitment of administrators in the field of audit - Language knowledge - Limitation of the choice of second language to German, English and French - Language for communication - Regulation No 1 - Article 1d(1), Article 27 and Article 28(f) of the Staff Regulations - Discrimination on grounds of language - Justification - Interest of the service - Proportionality)

(2020/C 378/28)

Language of the case: Italian

Parties

Applicant: Italian Republic (represented by: G. Palmieri, acting as Agent, and by P. Gentili, Avvocato dello Stato)

Defendant: European Commission (represented by: G. Gattinara and D. Milanowska, acting as Agents)

Intervener, in support of the applicant: Kingdom of Spain (represented by: L. Aguilera Ruiz, acting as Agent)

Action brought under Article 263 TFEU seeking annulment of the notice of open competition EPSO/AD/322/16 for drawing up a reserve list of Administrators in the field of audit (AD 5/AD 7) (OJ 2016, C 171 A, p. 1).

Operative part of the judgment

The Court:

1.Annuls notice of open competition EPSO/AD/322/16 for drawing up a reserve list of Administrators in the field of audit (AD 5/AD 7);

2.Orders the European Commission to bear its own costs and pay those incurred by the Italian Republic;

3.Orders the Kingdom of Spain to bear its own costs.

(*) Language of the case: Italian.

ECLI:EU:C:2020:378

* * *

(1) OJ C 371, 10.10.2016.

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