Judgment — ECLI:EU:T:2002:284
Date: 2002-11-26
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Concepts: Pleas in law;Organization of departments;Effect of the outcome of the action for annulment;Individual decisions;Obligations of the administration
Procedure: Staff cases - unfounded

SUMMARY — CASET-103/01 
Summary 
1. Officials - Actions - Pleas in law - Misuse of powers - Concept - Burden 
of proof and the taking of evidence 
2. Officials - Assignment - Transfer - Principle of equivalence of posts - Scope 
(Staff Regulations, Art. 7(1)) 
3. Officials - Administration's duty to have regard for the interests of officials -
Scope 
4. Officials - Decision adversely affecting an official - Obligation to state grounds 
- Scope 
(Staff Regulations, Art. 25) 
5. Officials - Actions - Action for compensation - No illegal act committed by 
the administration - Dismissal 
(Staff Regulations, Art. 91) 
1. A decision is vitiated by misuse of powers only if it appears, on the basis of 
objective, relevant and consistent evidence, to have been taken for purposes other 
than those stated. In that regard, it is not sufficient merely to refer to certain facts 
in support of claims. There must also be adduced evidence of a sufficiently specific 
objective and consistent nature to support their truth or, at the very least, their 
probability. 
(see paras 28-29) 
See: C-274/99P Connolly y Commission [2001] ECR I-1611, paras 23 and 113; T-111/99 
Samper v Parliament [2000] ECR-SC I-A-135 and II-611, para. 64; T-152/00 E v 
Commission [2001] ECR-SC I-A-179 and II-813, para. 68 
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CWIK v COMMISSION 
2. Under Article 7(1) of the Staff Regulations, the appointing authority must assign 
each official to a post in his category or service which corresponds to his grade. The 
principle of equivalence of grade and post calls, in the event of a change in an 
official's duties, for a comparison, not between his present and previous duties, but 
between his present duties and his grade. Accordingly, Article 7(1) of the Staff 
Regulations does not preclude a decision transferring an official which involves the 
attribution of new duties which, although different from those previously carried 
out, are nevertheless in conformity with the post corresponding to his grade. 
(see paras 41-42) 
See: T-59/91 and T-79/91 Eppe v Commission [19921 ECR II-2061, paras 49 and 51 
3 Although the duty of the administration to have regard for the interests of its 
officials reflects the balance of the reciprocal rights and obligations established by 
the Staff Regulations in the relationship between a public authority and civil 
servants the requirements of that duty cannot prevent the appointing authority from 
adopting, in connection with the assignment of officials, the measures it believes 
necessary in the interests of the service, since the filling of each post must be based 
primarily on the interests of the service. 
(see para. 52) 
See: T-78/96 and T-170/96 W. v Commission [1998] ECR-SC I-A-29 and II-745. para. 
116 
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SUMMARY — CASE T-103/01 
4. The grounds stated for a decision adversely affecting an official are sufficient if 
the measure was adopted in circumstances known to the official concerned which 
enable him to understand its scope. 
(see para. 63) 
See: W. v Commission, cited above, para. 141 
5. Non-contractual liability on the part of the Community presupposes the fulfilment 
of a set of conditions concerning the illegality of the allegedly wrongful act 
committed by the Community institution, the actual damage suffered, and the 
existence of a causal link between the alleged act and the damage alleged to have 
been suffered. Consequently, an application made by an official for compensation 
for non-material damage alleged to have been suffered by him as a result of the 
illegality of the act committed by the Community institution must be dismissed if 
that illegality is not established. 
(see para. 72) 
See: T-589/93 Ryan-Sheridan v EFILWC [1996] ECR-SCI-A-27 and II-77, paras 141 and 
142 
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