Judgment of the Court (First Chamber) of 3 April 2019.CJ v European Centre for Disease Prevention and Control (ECDC).Appeal — Civil service — Member of the contract staff — European Centre for Disease Prevention and Control (ECDC) — Appraisal report — 2011 Appraisal exercise — Application for annulment of the decision closing the appraisal report.Case C-139/18 P.

Judgment // 03/04/2019 // 2 min read
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Judgment of the Court of Justice (First Chamber) of 3 April 2019 — CJ v ECDC

(Case C‑139/18 P) ( 1 )

(Appeal — Civil service — Member of the contract staff — European Centre for Disease Prevention and Control (ECDC) — Appraisal report — 2011 Appraisal exercise — Application for annulment of the decision closing the appraisal report)

  1. Officials — Reports procedure — Appraisal report — Drawing up — Report vitiated by procedural irregularity — Consequences

(Staff Regulations of Officials, Art. 43)

(see paras 43, 52, 53)

  1. Appeal — Appeal upheld — Judgment to be given on the substance by the appeal court — Condition — Whether the state of the proceedings permits final judgment to be given

(Statute of the Court of Justice, Art. 61, first para.)

(see paras 49, 50)

Operative part

The Court:

  1. Sets aside the judgment of the General Court of the European Union of 13 December 2017, CJ v ECDC (T‑602/16, not published, EU:T:2017:893);

  2. Annuls the decision of the appeal assessor of the European Centre for Disease Prevention and Control (ECDC) of 21 September 2015 closing CJ’s appraisal report for 2011;

  3. Orders the European Centre for Disease Prevention and Control to bear its own costs and to pay the costs incurred by CJ relating both to the proceedings at first instance and the appeal.

( 1 ) OJ C 211, 18.6.2018.