EU Competition Law Case Study

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Questions and Answers

What is indicated about the knowledge of languages concerning the candidates?

Candidates' language knowledge is fully documented within the database.

Some candidates may not have language knowledge equivalent to level B2. (correct)

Only candidates with multiple language proficiencies are considered.

All candidates have a proven command of their second language.

Why is it important to consider candidates who declare English as a fourth language?

They are primarily evaluated on their first language only.

They are not included in the total number of candidates.

They may have satisfactory knowledge of multiple languages. (correct)

They are guaranteed to have higher language proficiency.

What conclusion can be drawn about the data concerning language knowledge of officials and agents?

It offers only a partial insight into their language knowledge. (correct)

It solely reflects their proficiency in their first language.

It provides a full picture of their language capabilities.

It prohibits the use of English in competitions.

What limitation is highlighted regarding the choice of the second language in competition?

The data does not indicate daily operational language requirements. Signup and view all the answers

What is a possible misconception suggested by the data regarding language proficiency?

It is not necessary to assess language knowledge beyond the first three languages. Signup and view all the answers

What principle does the applicant allege was violated by requiring specific keyboard layouts?

Non-discrimination Signup and view all the answers

Which article of the Staff Regulations is alleged to have been infringed due to the limited choice of second language?

Article 1 Signup and view all the answers

Which regulation is mentioned regarding the languages used by the European Economic Community?

Council Regulation No 1 Signup and view all the answers

What was one of the claims made about the notice of competition?

It was illegal. Signup and view all the answers

What fundamental principle is cited as being infringed in relation to the selection procedure?

Equal opportunities Signup and view all the answers

Which article is mentioned about the failure to state reasons for the decision regarding the language regime?

Article 296(2) TFEU Signup and view all the answers

What does EPSO stand for in the context of the applicant's pleas?

European Personnel Selection Office Signup and view all the answers

Which languages were limited for the second language choice in the competition?

English, French, German Signup and view all the answers

What does the Commission's set of documents fail to establish?

A connection between languages used in decision-making and duties of case handlers Signup and view all the answers

Why is the choice of English, French, or German not justified according to the documents?

They do not reflect the actual needs of the service Signup and view all the answers

What information did the Commission provide in response to procedural inquiries?

Data on language use by DG Competition staff Signup and view all the answers

What was included in the Commission's response to the procedural measure?

An Excel table with language declarations by staff Signup and view all the answers

What challenge is highlighted regarding the limited choice of languages in the competition notice?

Inability to accommodate diverse applicants Signup and view all the answers

What aspect of the staff's language use is addressed in the documents?

The actual languages declared by staff members Signup and view all the answers

The judgments referenced in the document primarily discuss the context of which issue?

Operational capabilities of competition law case handlers Signup and view all the answers

What functional specificity is considered regarding the posts mentioned in the competition notice?

The immediate operational requirements of case handlers Signup and view all the answers

What was the decision made by the General Court regarding the selection board of open competition EPSO/AD/293/14?

To annul the decision of the selection board Signup and view all the answers

How much of her own costs was Ms Calhau Correia de Paiva ordered to bear?

One third of her costs Signup and view all the answers

Which party was ordered to pay the majority of the costs incurred by Ms Calhau Correia de Paiva?

The European Commission Signup and view all the answers

What was the result of the action aside from the annulment of the selection board's decision?

The action was dismissed as to the remainder Signup and view all the answers

On what date did the General Court issue its decision?

9 June 2021 Signup and view all the answers

What conclusion is drawn regarding the evidence provided by the Commission?

The evidence is insufficient to justify the limitation. Signup and view all the answers

What action is taken regarding the notice of competition?

It is declared inapplicable. Signup and view all the answers

What is the applicant's main concern related to the competition?

The overall evaluation of the candidates. Signup and view all the answers

Which pleas in the action were upheld?

Second, third, and fourth pleas. Signup and view all the answers

What is stated about the contested decision?

It is annulled without ruling on several pleas. Signup and view all the answers

What previous action is mentioned regarding the request for procedure organization?

Ordering the Commission to produce all relevant files. Signup and view all the answers

What does the applicant hope for regarding the reserve list?

For all candidates to be reassessed. Signup and view all the answers

Why does the applicant claim she has an interest in the annulment of the reserve list?

Because of potential benefits from a judgment in her favor. Signup and view all the answers

What did the Commission emphasize regarding the annulment of the reserve list for the applicant?

It has no added value for the applicant. Signup and view all the answers

What alternative did the Commission consider for the applicant following the annulment of the contested decision?

Inviting her to resit the test. Signup and view all the answers

Why does the Commission consider it unnecessary to annul the competition results in their entirety?

The reserve list was published in December 2015. Signup and view all the answers

What principle must be reconciled with the applicant's rights according to the Commission's considerations?

The principle of proportionality. Signup and view all the answers

Under Article 134(3) of the Rules of Procedure, how are costs determined when each party has mixed success?

Each party bears its own costs. Signup and view all the answers

What circumstance may justify one party covering part of the other party's costs?

If justified in the circumstances of the case. Signup and view all the answers

What was the outcome for both the applicant and the Commission in this case?

Both were partially unsuccessful. Signup and view all the answers

What does selective competition imply about the efforts required by candidates?

Candidates must invest considerable effort. Signup and view all the answers

Study Notes

Judgment of the General Court (First Chamber) - 9 June 2021

This judgment concerns a competition for administrators in various fields, including competition law.
The applicant, Ana Calhau Correia de Paiva, a Portuguese national, challenged the decision of the selection board not to include her on the reserve list.
The competition was for grade AD 7 administrators in fields of competition law, corporate finance, financial economics, industrial economics and macroeconomics.
The applicant chose Portuguese as her main language and French as her second language.
The selection process included computer-based tests, a case study, a group exercise and a structured interview.
The notice of competition specified required language proficiency in one official EU language (Language 1) for a C1 level and a different Language 2 to a B2 level (English, French or German) .
The applicant's name was not included on the reserve list because her overall score was below the qualifying mark.
The applicant complained that the limitation of the keyboard choice during the case study was discriminatory and that the restricted second language choice was not justified.
The applicant requested a review and a stay of proceedings were considered.
The court ultimately annulled the decision of the selection board, dismissing the applicant's request for the entire list to be annulled.
The court ordered the European Commission to pay two-thirds of the applicant's costs.

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Description

This quiz covers the judgment of the General Court regarding a competition for administrators in competition law and economics. It focuses on the selection process and the language proficiency requirements for applicants. Test your understanding of the case details and implications for future competitions.

EU Competition Law Case Study - 2021

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