Information;Judgment — ECLI:EU:T:2024:482
Date: 2024-07-17
Language of the case: English
Court formation: Fifth Chamber
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Procedure: Staff cases - unfounded;Action for damages - unfounded

Judgment of the General Court (Fifth Chamber) of 17 July 2024 – LW v Commission (Case T‑232/23) (1) ( Civil service – Officials – Reports procedure – Appraisal report for 2020 – Obligation to state reasons – Manifest error of assessment – Duty to have regard for the welfare of officials – Liability ) 1. Officials – Reports procedure – Appraisal report – Obligation to state reasons – Scope – Limits – Mere confirmation by the appeal assessor of the assessments of the first reporting officer – Whether permissible (Art. 296 TFEU; Charter of Fundamental Rights of the European Union, Art. 41(2)(c); Staff Regulations of Officials, Arts 25, second para,. and 43) (see paragraphs 23-29) 2. Actions brought by officials – Contested act – Assessment of lawfulness – Criteria (Staff Regulations of Officials, Arts 90 and 91) (see paragraph 50) 3. Officials – Reports procedure – Appraisal report – Drawing up – System established by the Commission – Dialogue with the appeal assessor – Need for a minimum duration – None (Staff Regulations of Officials, Art. 43) (see paragraph 72) 4. Officials – Reports procedure – Appraisal report – Unsatisfactory appraisal – Proportionality of the report challenged by the person being appraised – Judicial review – Limits (Staff Regulations of Officials, Art. 43) (see paragraph 87) 5. Officials – Reports procedure – Appraisal report – Drawing up – System established by the Commission – Assessment of the performance of the person being appraised – Obligation to take into account assessments contained in earlier appraisal reports – Not included (Staff Regulations of Officials, Art. 43) (see paragraph 91) 6. Officials – Reports procedure – Appraisal report – Drawing up – System established by the Commission – Assessment of the performance of the person being appraised – Examination of the full year of work despite the justified absences of the person being appraised – Whether permissible – Breach of duty to have regard for the welfare of officials – None (Staff Regulations of Officials, Art. 43) (see paragraphs 105, 106) Operative part The Court: 1. Dismisses the action; 2. Orders LW, in addition to bearing her own costs, to pay the costs incurred by the European Commission. 1 OJ C 261, 24.7.2023.