Europa The fact that a candidate has taken part in a competition with the result that he has been entered on a list of suitable candidates is evidence of an interest which he has in the outcome of that competition as determined by the appointing authority. It does not follow from the provisions of the second paragraph of article 4 or from articles 29 and 30 of the staff regulations of officials of the EEC that once a recruitment procedure has been initiated the appointing authority is obliged to pursue it by filling the post which has become vacant. It does not necessarily follow from the concept of an expert that such a person cannot, should the need arise, be consulted regularly and carry out without interruption the activities assigned to him. The distinction between an expert and an official must be sought above all in the nature of the legal relationship which binds each of them to the institution to which they are assigned. The candidates entered on a list of suitable candidates have no unconditional right to be appointed to the vacant post even if they are placed first.
Citations:
C-26/68, [1969] EUECJ C-26/68
Links:
European
Updated: 20 May 2022; Ref: scu.131976
