CELEX: 62007TJ0492
Appeal
Staff Cases
Officials
Promotion
2005 promotion year
Non-inclusion on the list of promoted officials
Multiplication rates for guidance purposes
Articles 6 and 10 of Annex XIII to the Staff Regulations
Legal interest in raising a plea

1.
Officials – Actions – Interest in bringing proceedings – Action brought against a refusal of promotion
(Staff Regulations, Arts 90 and 91)
2.
Officials – Actions – Act adversely affecting an official – Definition – Decision adopting the list of promoted officials
– Implied decisions not to promote officials other than the appellant – Not included
(Staff Regulations, Arts 90 and 91)
1.
In order to prove his interest in obtaining annulment of the implied decision not to promote him in the contested promotion
exercise, on the ground that the promotion rate allegedly applicable in the grade concerned was not observed, it is for an
official to show that, taking account of his personal situation and, in particular, the total number of promotion points he
had accumulated, it is not impossible that he might have reached the promotion threshold if the abovementioned promotion rate
had been applied.
(see para. 34)
See: T‑436/04
Sanchez Ferriz
v
Commission
[2006] ECR-SC I‑A‑2‑277 and II‑A‑2‑1439, paras 33 to 37 and 39; T-415/04
Tebaldi and Others
v
Commission
[2007] ECR-SC I-A-2-0000 and II-A-2-0000, paras 29 to 32
2.
While it is true that the effects of the appointing authority’s decision adopting the list of officials promoted in a promotion
exercise do not cease when that exercise is concluded, in so far as an official may find himself in competition, in subsequent
promotion exercises, with a number of officials who might already have been promoted in that promotion exercise if the appointing
authority had applied a higher promotion rate, the fact remains that the implied decisions not to promote those other officials
under that promotion exercise cannot be regarded as acts adversely affecting that official.
(see para. 38)
See: T‑311/04
Buendía Sierra
v
Commission
[2006] ECR II‑4137, para. 349