CELEX: 62005FJ0067
Public service
Officials
Action for annulment
Action for damages

Officials – Reports procedure – Career development report
(Staff Regulations, Art. 43)
Article 43 of the Staff Regulations and Article 1(2) of the General Provisions for Implementing Article 43 of the Staff Regulations,
adopted by the Commission, must be interpreted as preventing the administration from awarding a merit mark to an official
who has not been entrusted with any duties. While the award of a mark intended to evaluate an official’s achievements and
individual performance in the light of the results to be attained is an obligation where the official has been assigned particular
duties, it is not, by contrast, appropriate to make such an award where the official concerned has not been entrusted with
any duty capable of being assessed. Consequently, where the official reported on, although working, has not been entrusted
with any duty capable of being assessed during the reference period, the career development report must be annulled. That
annulment means that the administration must seek a suitable way of mitigating the absence of a merit mark, by awarding an
appropriate number of points.
(see paras 30-31, 33-34)