Judgment of the General Court Seventh Chamber, Extended Composition, 21 December 2022, Grünig v Commission, T-746/20

Date21 December 2022
Year2022
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However, the failure to take into account the diplomas and the professional experience acquired by a
worker by making use of the freedom of movement enshrined in Article 45 TFEU in order to
determine whether he or she has the qualifications required for recruitment would have the effect of
restricting the scope of that freedom. Accordingly, the applicant’s application could not be rejected
solely on the ground that he did not hold one of the Croatian law diplomas requested in the
competition notice since, in his application form, he noted not only his French diploma, which was
recognised in Croatia, but also professional experience which included inter alia legal experience in
Croatia. Such evidence was capable of establishing that he had the same qualifications as those
attested by the Croatian diplomas requested, acquired in particular in the context of the exercise of
his freedom of movement within the Union. In view of the wording of the competition notice, the
selection board was not in a position to verify, in accordance with the principles deriving from
Article 45 TFEU, whether the evidence submitted by the applicant in support of his application could
attest to knowledge of the Croatian legal system and terminology at the same level as that attested by
the possession of the Croatian diplomas requested. In that regard, the fact that the competition
notice did not require any professional experience cannot preclude it from being taken into account
in order to verify whether the qualifications attested by the national diplomas requested are met in
some other way by a candidate who does not hold those diplomas and who may rely on the
provisions contained in Article 45 TFEU.
Accordingly, the competition notice is unlawful in so far as its provision relating to qualifications led to
the rejection of the applicant’s application solely because he did not hold one of the Croatian
diplomas requested in that notice. Therefore, that provision is declared inapplicable to the applicant
under Article 277 TFEU.
8. COMMON COMMERCIAL POLICY: ANTI-DUMPING
Judgment of the General Court (Seventh Chamber, Extended Composition), 21 December
2022, Grünig v Commission, T-746/20
Anti-dumping Imports of certain polyvinyl alcohols originating in the People’s Republic of China
Definitive anti-dumping duties Exemption of imports for a particular end-use Severability Regulatory
act entailing implementing measures Direct concern Challengeable act First subparagraph of
Article 9(5) of Regulation (EU) 2016/1036 Duty imposed on a non-discriminatory basis Equal treatment
and non-discrimination
By Implementing Regulation 2020/1336,
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the European Commission imposed a definitive anti-
dumping duty on imports of certain polyvinyl alcohols (‘PVAs’) originating in the People’s Republic of
China. The regulation also provides that imports of PVAs for use in the manufacturing of dry-blend
adhesives are exempt from the imposition of that anti-dumping duty (‘the exemption at issue’).
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Grünig KG and EOC Belgium, two companies which use PVAs in the manufacturing of liquid adhesives,
brought an action for annulment of the regulation at issue in so far as it relates to the exemption at
issue.
The Commission raised several objections of inadmissibility against that action.
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Commission Implementing Regulation (EU) 2020/1336 of 25 September 2020 imposing definitive anti-dumping duties on imports of certain
polyvinyl alcohols originating in the People’s Republic of China (OJ 2020 L 315, p. 1; ‘the regulation at issue’).
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Article 1(4) of the regulation at issue.

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