Judgment_paragraph 10 · Commission of the European Communities v Antonio Giannini (C-153/99 P)

10The Commission considers that it had power to adopt such measures following the partial annulment of the original recruitment procedure, the decision to take that approach being a proper exercise of its power of assessment as confirmed by the decisions of the Court of First Instance, in particular that in Case T-56/94 De Santis v Commission [1996] ECR-SC I-A-473 and II-1325. It is for the appointing authority to state in the vacancy notice for the post to be filled the requirements it deems necessary for appointment to a post bearing in mind the needs of the service. In view of the essential role of vacancy notices, it is also for the appointing authority alone, if it discovers at a late stage that those requirements should be adjusted in the interests of the service, to decide to recommence the procedure for appointment by withdrawing the original notice and replacing it with an amended one.

Commission of the European Communities v Antonio Giannini (C-153/99 P)

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