Judgment_paragraph 16 · European Parliament v Enrique Gutiérrez de Quijano y Lloréns (C-252/96 P)

16The Court of First Instance concluded, in paragraph 46, that Notice of Transfer No PE/LA/91, published as Internal Notice of Vacancy No 7281 on 15 March 1993, placed stricter conditions on participation than those set out in Notice of Competition No PE/161/LA published on 26 November 1992 (Van der Stijl and Cullington v Commission, cited above, paragraph 50). In the circumstances, the appointing authority could no longer observe either the framework which it had initially decided to adopt by publishing, despite the order provided for in Article 29(1) of the Staff Regulations, Notice of Competition No PE/161/LA before publishing Internal Notice of Vacancy No 7281 and Notice of Transfer No PE/LA/91, or the framework it subsequently chose by publishing the two latter notices. The appointing authority made it impossible for those notices, in so far as they referred to the same post, to play their essential part, pursuant to Article 29(1) of the Staff Regulations, in the recruitment procedure, namely that of informing the persons concerned, as accurately as possible, of the conditions to be fulfilled in order to be recruited to the post in issue (Case T-58/91 Booss and Fischer v Commission [1993] ECR II-147, paragraph 67; Kotzonis v Economic and Social Committee, cited above, paragraph 67; Case T-562/93 Obst v Commission [1995] ECRSC II-737, paragraph 46). If in this case the appointing authority had found that the conditions required by the internal vacancy notice, the transfer notice and the general competition notice were either more or less exacting than the needs of the service demanded, it was entitled to reopen the recruitment procedure after withdrawing the original vacancy notice and putting a suitably amended one in its place (Case T-45/91 McAvoy v Parliament [1993] ECR II-83, paragraph 48) in order to be able duly to continue, on the basis of that notice, the subsequent stages of recruitment as provided for in Article 29(1) of the Staff Regulations.