Judgment of the General Court (Ninth Chamber) of 14 December 2018.UC v European Parliament.Staff case — Officials — Promotion — 2015 promotion round — Staff report — Award of merit points — Obligation to state reasons — Right to be heard — Manifest error of assessment — Liability — Non-material damage.Case T-572/17.

Judgment // 14/12/2018 // 2 min read
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Judgment of the General Court (Ninth Chamber) of 14 December 2018 –UC v Parliament

(Case T‑572/17)

(Staff case — Officials — Promotion — 2015 promotion round — Staff report — Award of merit points — Obligation to state reasons — Right to be heard — Manifest error of assessment — Liability — Non-material damage)

  1. Actions brought by officials — Prior administrative complaint — Concept

(Staff Regulations of Officials, Art. 90(2))

(see paras 26, 27, 35)

  1. Officials — Reports procedure — Staff report — Obligation to state reasons — Scope

(Staff Regulations of Officials, Art. 43)

(see paras 56-59)

  1. Actions for annulment — Pleas in law — Lack of or inadequate statement of reasons — Separate ground from the one concerning substantive legality

(Arts 263 and 296 TFEU)

(see para. 67)

  1. Officials — Promotion — Decision awarding merit points — Complaint — Rejection decision — Obligation to state reasons — Scope

(Staff Regulations of Officials, Arts 45 and 90(2))

(see para. 75)

  1. Officials — Principles — Rights of defence — Obligation to hear the person concerned before adopting a measure adversely affecting him — Scope

(Charter of Fundamental Rights of the European Union, Art. 41(2); Staff Regulations of Officials, Art. 90(2))

(see paras 86-90)

  1. Officials — Reports procedure — Staff report — Discretion of the assessors — Judicial review — Limits

(Staff Regulations of Officials, Art. 43)

(see para. 99)

  1. Actions brought by officials — Application for damages linked to an application for annulment — Dismissal of the application for annulment leading to dismissal of the application for damages

(Staff Regulations of Officials, Arts 90 and 91)

(see paras 113, 114)

Re:

Action under Article 270 TFEU seeking, first, annulment of the applicant’s staff report for 2015, of the decision to award him two merit points for that year and of the decision to reject his complaint and, secondly, compensation for the non-material damage allegedly suffered by the applicant.

Operative part

The Court:

  1. Dismisses the action;

  2. Orders UC to pay the costs.