ECJ (Judgment) According to the established case-law of the Court :
1. The Community institutions enjoy a wide discretion in organizing their departments on the basis of the tasks entrusted to them and, consequently, in posting members of their staff. The need to create a new post come within the scope of that discretion.
2. A decision may amount to misuse of powers only if it appears on the basis of objective, relevant and consistent indications, to have been taken for purposes other than those stated.
3. It is for the appointing authority to assess whether a candidate fulfils the conditions required by the vacancy notice, and that assessment may be questioned only in the event of manifest error.
Where a vacancy notice requires that candidates possess either a university degree or equivalent experience, and additional experience in fields relevant to the post to be filled, it is for the appointing authority to determine both how far experience is equivalent to the degree referred to in the vacancy notice and the relevance of additional experience to the post in question .
Citations:
C-198/87, [1989] EUECJ C-198/87
Links:
European
Updated: 23 May 2022; Ref: scu.134657
