ECJ Where, in an open competition for the purpose of constituting a reserve for future recruitment, a test is annulled, the rights of an applicant who has failed that test will be adequately protected if the selection board and the appointing authority reconsider their decisions and seek a just solution in his case, without it being necessary to call in question the entire results of the competition or to annul the appointments made as a result thereof. It is necessary to reconcile the interests of the candidates put at a disadvantage by an irregularity committed in the course of the competition and the interests of the other candidates. To that end, the Court is required to take account not only of the need to restore the rights of candidates who have been adversely affected but also of the legitimate expectations of the candidates who passed the competition. Accordingly, the judgment of the Court of First Instance annulling both the irregular test and the subsequent acts in the competition procedure is vitiated by an error in law in that it does not limit the consequences of the annulment to reinstatement of the applicants’ rights.
Citations:
C-242/90, [1993] EUECJ C-242/90P
Links:
European
Updated: 01 June 2022; Ref: scu.160533