TAR Lazio reinstates candidate excluded from Guardia di Finanza exam

The TAR Lazio has overturned the exclusion of a candidate from a Guardia di Finanza competition for 983 marshal trainees after she used the restroom during a written exam.

While competition rules prohibited leaving the room or using facilities during the first two hours of the exam, administrative delays caused the restriction to last nearly four hours. Preliminary operations began at 11:20, but the written test did not start until 12:58. After nearly three hours of the exam, the candidate reported an urgent need to use the bathroom and was informed that leaving would result in disqualification. She proceeded to use the facilities and was subsequently excluded.

Judges ruled that the application of the rule in these circumstances was incompatible with the principles of reasonableness and proportionality. The court noted that a competition should assess knowledge and skills rather than serving as a “test of resistance to physical discomfort.” The ruling also highlighted that alternative measures, such as supervised escorted access to the restroom, could have been implemented. The court has ordered the administration to allow the candidate to retake the exam before a differently composed commission.