Update: internal competition COM/AD/02/21 (AD5) – Art. 90(2) complaint

*update 18.07.2022: anyone who wishes to protest against any internal competition (e.g. COM/AST4/2022 (​AST4)) can follow the same process as that set out below. Apply then appeal (as below) and then get in touch with us.*

The non-eligibility decision for COM/AD/02/21 (AD5) was sent out on 25.01.2022, please check your EPSO account.

For example, this is the decision that a member of Generation 2004 has received:

In our previous Update 25.01.2022: internal competition COM/AD/02/21 (AD5) – what’s next?, we have outlined almost all legal remedies [1] that, in principle, could be used.

The request for review in our case is largely for the the Selection Board to simply confirm their decision, so this legal step could be skipped.

The administrative complaint under Art. 90(2) of the staff regulations would, therefore, be our next meaningful legal step.

The deadline for making this complaint is 3 months from the date of notification of the contested decision, that is, 26/04/2022.

In order to coordinate a common legal action, we need to know exactly how many colleagues have applied to internal competition COM/AD/02/21 (AD5), have received the non-eligibility decision of 25.01.2022, and are willing to lodge an Article 90(2) complaint against this decision.

To state clearly your intention to proceed with an Art. 90(2) complaint, please contact us via email and join our dedicated group in Teams. Of course, if you have already done so, there is no need to re-confirm your intention.

As soon as we have a clear picture of how many colleagues are willing to engage in the legal battle, we will ask our external lawyer to prepare a template for the administrative complaint under Art. 90(2) that we will send to you in due time via a personal message.

Take care and stay safe!

[1] Not covered are the complaint to the European Data Protection Supervisor (EDPS) for personal data violations, and the petition to the European Parliament (EP).

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