Judgment — ECLI:EU:T:2003:136
Date: 2003-05-07
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Concepts: Reports
Procedure: Staff cases - unfounded;Action for damages - successful

SUMMARY — CASE I-327/01 
Summary 
1. Officials - Reports procedure - Staff report - Drawing up - Delay - Breach 
of administrative duty giving rise to non-material damage 
(Staff Regulations, Art. 43) 
2. Officials - Reports procedure - Staff report - Drawing up - Time-limit -
Mandatory nature of the time-limits set by an institution 's internal rules 
(Staff Regulations, Art. 43) 
1. The absence, as a result of a breach of administrative duty, of the periodic report 
from an official's personal file is capable of giving rise to non-material damage 
entitling him to compensation if his career could have been affected thereby or if 
that fact resulted in his being put in an uncertain or anxious frame of mind with 
regard to his future. 
(see para. 48) 
See: T-78/96 and T-170/96 W v Commission [1998] ECR-SC I-A-239 and II-745, 
para. 233 
2. The case-law granting the Commission, in the light of the wording of Article 43 
of the Staff Regulations, a reasonable period in which to draw up staff reports for 
its officials cannot apply where rules that are binding on the Commission make the 
conduct of the reports procedure subject to specific time-limits. 
(see para. 54) 
I-A - 144