ECJ 26 March 2019, case C-621/16 P (Commission / Italy), discrimination, other forms of discrimination

(Appeal Case before the General Court T-353/14)

The appeal

The Commission puts forward four grounds in support of its appeal. The first ground relates to the error of law committed by the General Court in its assessment of the admissibility of the actions brought before it. The second ground relates to the error of law committed by the General Court in interpreting Article 1d of the Staff Regulations and in the interpretation of the extent of the duty to state reasons placed on the Commission. The third ground alleges, on the one hand, errors of law in the interpretation of Article 28(f) of the Staff Regulations and, on the other, the fact that the General Court overstepped the bounds of its power of judicial review in respect of the restriction of the choice of language 2 of the competition to English, French and German. Finally, the fourth ground relates to errors of law in the assessment of the restriction of the language of communication between candidates and EPSO to one of those three languages.

Decision

On those grounds, the Court (Grand Chamber) hereby:

1. Dismisses the appeal;
2. Orders the European Commission to bear its own costs and to pay those incurred by the Italian Republic.