Thursday 16th February 2023
Judgment in Cases C-632/20 P Commission v Italy and C-635/20 P Commission v Italy and Spain
(Law governing the institutions)
In 2016, the European Personnel Selection Office (EPSO) published two notices of open competition to draw up reserve lists of administrators in the field of audit (i) and in the field of inquiries related to EU’s expenses, anti-corruption, customs and trade and tobacco and counterfeit goods (ii).
One of the requirements in both notices was knowledge (B2 level) of either English, French or German. Respectively, Italy and Spain brought an action before the General Court, seeking the annulment of the aforementioned notices. The General Court upheld the applicant’s arguments and annulled the notices on the ground that they gave rise to an unjustified discrimination based on language.
Therefore, the Commission appealed the decision before the Court of justice arguing inter alia that the burden the General Court imposed on the Commission as regards the justification given for the language restriction is unreasonably high.
Background Documents C-632/20 P Background Documents C-635/20 P
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