Court of Justice of the European Communities (including Court of First Instance Decisions)

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URL: http://www.bailii.org/eu/cases/EUECJ/1989/C19887.html
Cite as: [1989] EUECJ C-198/87

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IMPORTANT LEGAL NOTICE - The source of this judgment is the web site of the Court of Justice of the European Communities. The information in this database has been provided free of charge and is subject to a Court of Justice of the European Communities disclaimer and a copyright notice. This electronic version is not authentic and is subject to amendment.

61987J0198
Judgment of the Court (Second Chamber) of 4 July 1989.
Jean-Pierre Kerzmann v Court of Auditors of the European Communities.
Officials - Annulment of an appointment.
Case 198/87.
European Court reports 1989 Page 02083
Pub.RJ Page Pub somm

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According to the established case-law of the Court :
1 . The Community institutions enjoy a wide discretion in organizing their departments on the basis of the tasks entrusted to them and, consequently, in posting members of their staff . The need to create a new post come within the scope of that discretion .
2 . A decision may amount to misuse of powers only if it appears on the basis of objective, relevant and consistent indications, to have been taken for purposes other than those stated .
3 . It is for the appointing authority to assess whether a candidate fulfils the conditions required by the vacancy notice, and that assessment may be questioned only in the event of manifest error .
Where a vacancy notice requires that candidates possess either a university degree or equivalent experience, and additional experience in fields relevant to the post to be filled, it is for the appointing authority to determine both how far experience is equivalent to the degree referred to in the vacancy notice and the relevance of additional experience to the post in question .

In Case 198/87
Jean-Pierre Kerzmann, an official of the Court of Auditors of the European Communities, represented in the written proceedings by Victor Biel, of the Luxembourg Bar, with an address for service in Luxembourg at the latter' s Chambers at 18A Rue des Glacis, and in the oral proceedings by Francis Herbert, of the Brussels Bar, with an address for service in Luxembourg at the Chambers of Victor Biel,
applicant,
v
Court of Auditors of the European Communities, represented by Michael Becker and Marc Ekelmans, members of its Legal Department, acting as Agents, assisted by J.-A . Stoll, as adviser, with an address for service in Luxembourg at its seat, 12 Rue Alcide de Gasperi,
defendant,
APPLICATION, in substance, for the annulment of Vacancy Notice CC/A/13/86 concerning the post of Head of Division ( grade A3 ) within the President' s Department of the Court of Auditors and the decision of the President of the Court of Auditors of 23 October 1986 appointing another candidate to the said post,
THE COURT ( Second Chamber ),
composed of : T . F . O' Higgins, President of the Chamber, G . F . Mancini and F . A . Schockweiler, Judges,
( the grounds of the judgment are not reproduced )
hereby :

( 1 ) Dismisses the application;
( 2 ) Orders the parties to bear their own costs .

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