Italian Republic v European Commission (C-566/10 P)

Judgment of 27 Nov 2012

law://eu/cjeu/2010/c-566-10/para_29@2026-11-13

29It refers to paragraphs 52 to 57 of the judgment under appeal. In paragraph 52 of the judgment, the General Court, referring to, inter alia, paragraph 60 of Case T‑203/03 Rasmussen v Commission [2005] ECR‑SC I‑A 279 and II‑1287, drew attention to settled case‑law according to which ‘Regulation No 1 does not apply to the relationship between the institutions and their officials and other servants since it lays down only the language rules applying between the institutions and a Member State or a person coming under the jurisdiction of one of the Member States’. In paragraph 53 of the judgment appealed against, which refers to, inter alia, paragraph 13 of Case T‑118/99 Bonaiti Brighina v Commission [2001] ECR‑SC I‑A 25 and II‑97, the General Court held that ‘officials and other servants of the Communities, and candidates for such posts, fall solely within the jurisdiction of the Communities’ and that, in addition, ‘Article 6 of Regulation No 1 expressly allows institutions to stipulate in their rules of procedure which of the languages are to be used in specific cases’. In paragraph 54 of the judgment appealed against, it justified applying the same language rules to candidates for posts of officials and other servants of the Communities as to officials and other servants themselves by ‘the fact that such candidates enter into a relationship with an institution solely in order to obtain a post of official or other servant for which certain knowledge of languages is necessary and may be required by the Community provisions applying in respect of appointment to the post concerned’. It concluded, in paragraphs 55 and 56 of that judgment, that ‘Articles 1, 4 and 5 of Regulation No 1 do not apply to the contested notices of competition’ and that ‘the choice of the language of external publication of a notice falls … within the jurisdiction of the institutions’.

Italian Republic v European Commission (C-566/10 P)

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