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Vivien Prais v. Council of the European Communities, Case C-130/75, CJEU (First Section), 27 October 1976


Competition on the basis of tests and impossibility for a candidate to take the exam on a predetermined date for religious reasons. Principle of equality among candidates.

Normative references

Art. 21 EUCFR  
Art. 10 EUCFR  


1. In organizing a competition based on written exams, in order to respect the principle of equality between all candidates, it is necessary that the test is the same for everyone and that it takes place on the same day.

2. Candidates’ requests to take the exam on a different date must be assessed in light of the principle of equality.

3. If a candidate’s request to take the exam on a different date is motivated by religious reasons, the authority must take this into account and try to change the day of the exam. 

4. If a candidate’s request to take the exam on a different date is supported by religious reasons, but it is not communicated promptly, the authority may refuse to move the date, especially if it has already communicated the date to the other candidates.
(The applicant, a British and Jewish citizen, had asked to move the date for the exam, happening simultaneously in London and Brussels, being it on the first day of the Jewish feast of Shavout - Pentecost).