Opinion of the Advocate General — ECLI:EU:C:2002:392
Date: 2002-06-20
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Procedure: Staff cases;Appeal - successful

Summary of the Judgment 
1. Appeals — hiterest in bringing proceedings — Conditions — Advantage for the 
appellant 
(EC Statute of the Court of Justice, Art. 49) 
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SUMMARY — CASE C-277/01 P 
2. Officials — Promotion — Discretion of the administration — Judicial review — 
Limits 
(Staff Regulations, Art. 45) 
1. For an appellant to have an interest in 
bringing appeal proceedings the appeal 
must be likely, if successful, to procure 
an advantage for it. 
An appeal is likely to procure an 
advantage for an institution where, if 
upheld, it would allow it to recover the 
arrears of salary paid to an official in 
compliance with the judgment under 
appeal. Annulment of that judgment 
would, in any event, procure a definite 
advantage for that institution since it 
would secure indemnity against any 
action for compensation which might 
be brought by the official for the loss 
he claims to have suffered as a result of 
the contested decision which was 
annulled by the Court of First Instance. 
(see paras 28, 30-31) 
2. In assessing the interests of the service 
and the qualifications and merits of the 
candidates to be taken into consider­
ation in making a promotion decision 
pursuant to Article 45 of the Staff 
Regulations, the appointing authority 
possesses a wide discretion and, in that 
connection, the Community Court's 
review must be confined to the ques­
tion whether, having regard to the 
various considerations which have 
influenced the administration in mak­
ing its assessment, the latter has 
remained within reasonable bounds 
and has not used its power in a mani­
festly incorrect way. The Community 
Court cannot therefore substitute its 
assessment of the qualifications and 
merits of the candidates for that of the 
appointing authority. 
(see para. 35) 
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