BA v. European Commission, Case F-29/11, Civil Service Tribunal EU (First Chamber), 5 December 2012

Absence of discrimination based on language in a competition reserved only for Romanian citizens where the (European) call provides for knowledge of the national language.

Art. 270 TFEU

Council Regulation n. 1760/2006 of 28 November 2006 establishing special and temporary measures for the recruitment of officials of the European Communities on the occasion of the accession of Bulgaria and Romania to the European Union

There is no breach of the principle of equal treatment by the European Union administration when it establishes temporary measures for the recruitment of officials on the occasion of the accession of Bulgaria and Romania to the European Union, with a competition reserved for Romanian citizens that requires candidates, in the interest of the service, to know the (only) national language of Romania. Indeed, even if taking a test in Romanian could entail a disadvantage for a Romanian citizen with a Hungarian mother tongue, the imposition of a test in Romanian must be considered legitimate as long as it is based on objective and reasonable criteria. The unequal treatment, in the organisation of a "competition" extension ", limited to a transitional period of time, following the accession of a State, appears proportionate to the aim pursued. Furthermore, the imposition of the "thorough knowledge of Romanian", as the main language of the competition, which is reserved for Romanian citizens, is neither arbitrary nor manifestly contrary to the interest of the service. In fact, when the needs of the service or those of employment require it, the administration can legitimately specify the language or languages ​​for which in-depth knowledge is required.