Judgment — ECLI:EU:T:2003:147
Date: 2003-05-20
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC;Data protection
Concepts: Reports;Respect for private life
Procedure: Staff cases - unfounded

SUMMARY - CASE T-179/02 
Summary 
1. Community law - Principles - Fundamental rights - Respect for private life 
- Protection of personal data - Exchange of emails between a servant of the 
European Central Bank and the authors of his performance appraisal - Subsequent 
use of those emails in the performance appraisal - Interference in private life -
None - Breach of Regulation No 45/2001 or of Directive 95/46 - None 
(Regulation No 45/2001 of the European Parliament and of the Council, Arts 1 and 
11(1); Directive 95/46 of the European Parliament and of the Council) 
2. Officials - Servants of the European Central Bank - Appraisal - Review by the 
Court - Limits 
1. The fact that an appraisal of the performance of a servant of the European 
Central Bank contains, in an annex, messages sent by or' addressed to that servant 
and/or to one or both of the authors of that appraisal, exchanged through the 
institution's internal email system, may not be regarded as interference in the private 
life of the person concerned or as a breach of Regulation No 45/2001 on the 
protection of individuals with regard to the processing of personal data by the 
Community institutions and bodies and on the free movement of such data, or of 
Directive 95/46 on the protection of individuals with regard to the processing of 
personal data and on the free movement of such data, where it is established that the 
data were not collected without the knowledge of the person concerned, that the 
messages, which are not substantially different from messages exchanged by letter, 
are of a purely professional nature, and that they have not been disclosed or 
forwarded to third persons. 
(see paras 28-32) 
I-A - 150 
PFLUGRADT v ECB 
2. It is not for the Court to determine whether the assessment by the administration, 
in the annual performance appraisal, of the occupational abilities of a servant of the 
European Central Bank is well founded when such an assessment involves complex 
value judgments which, by their very nature, are not capable of objective proof. 
However, the Court is required to carry out a review concerning any irregularities 
of form, manifest errors of fact vitiating the assessments made by the administration 
and any misuse of power. 
(see paras 46-47) 
See: T-18/93 Marcato v Commission [1994] ECR-SC I-A-215 and II-681, para. 45 
I-A- 151