1. By requiring the appointing authority only to consider whether the post ‘can’ be filled by promotion within the institution article 29(1)(a) of the staff regulations clearly shows that that authority is under no absolute obligation to promote an official but merely has to consider, in each case, whether promotion is capable of leading to the appointment of a person of the highest standard of ability, efficiency and integrity as required by article 27 of the staff regulations.
Although article 29(1)(a) of the staff regulations requires the appointing authority to consider the possibility of promotion with the utmost care before going on to the following stage it does not prevent the authority, in the course of such an examination, from also taking account of the possibility of obtaining better candidates by using the other procedures mentioned in that paragraph. Consequently the appointing authority is at liberty to consider the subsequent options under article 29(1).
2. Since the appointing authority is not obliged to fill a post by promotion within the institution and has a wide discretion for the purpose of finding the candidate with the highest standard of ability, efficiency and integrity, the court must, in reviewing the correctness of the examination of the internal candidatures, confine itself to the question whether the administration kept within proper bounds and did not exercise its power in a manifestly erroneous manner.
In that respect the mere fact that, when the recruitment procedure was opened, a candidate from another institution was regarded as being the most suitable, does not necessarily mean that the internal candidatures were not carefully considered.
Citations:
C-10/82, [1983] EUECJ C-10/82
Links:
Citing:
Interim Order – Mogensen and Others v Commission ECJ 5-Feb-1982
ECJ 1 A judge before whom a request for the adoption of interim measures is brought, having heard the arguments set out by the parties, must restrict the scope of his consideration exclusively to the grounds . .
Lists of cited by and citing cases may be incomplete.
European
Updated: 21 May 2022; Ref: scu.133371
