ECJ A selection board may not depart from the terms of the notice of competition with respect either to the purpose of the tests or to their nature and, as regards the order in which the candidates are short-listed, it may not award an overall mark instead of adding the marks awarded for the different tests since, by so doing, it fails to fulfil its obligations to comply with the method of marking the tests laid down by the notice of competition and to state the reasons for its decisions.
The absence of a statement of reasons for the selection board’ s decision resulting from its failure to undertake the marking of the tests in accordance with the notice of competition also has the effect of preventing review by the Court of the influence on the results of the competition of the selection board’ s application, contrary to the notice of competition, of an extraneous criterion to test the abilities of the candidates.
In the event of such irregularities, the Court must annul all steps taken by the selection board from the point at which those irregularities first occurred.
Citations:
T-22/91, [1993] EUECJ T-22/91
Links:
European
Updated: 06 June 2022; Ref: scu.172471