Judgment — ECLI:EU:T:2018:687
Date: 2018-10-16
Language of the case: English
Court formation: Fourth Chamber
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Procedure: Staff cases - unfounded

Judgment of the General Court (Fourth Chamber) of 16 October 2018 – OY v Commission (Case T‑605/16) (Civil service — Members of the contract staff — Article 3b of the CEOS — Recruitment — Classification in grade — Account taken of professional experience — General Implementing Provisions for Article 79(2) of the CEOS) 1. Actions brought by officials — Contested act — Assessment of lawfulness — Criteria (Arts 263 TFEU and 270 TFEU) (see para. 23) 2. Actions brought by officials — Action against a decision rejecting a complaint — Admissibility — Obligation to rule on pleas directed against the decision rejecting the complaint — Pleas devoid of independent content or purely confirmatory decision — None (Staff Regulations of Officials, Arts 90 and 91) (see paras 37-39) 3. Officials — Members of the contract staff — Recruitment — Classification in grade — Account taken of previous experience — Examination of the specific tasks performed by the member of the contract staff — Discretion of the authority authorised to conclude contracts of employment — Manifest error of assessment — Meaning — Judicial review — Limits (Conditions of Employment of Other Servants, Arts 79(2) and 89(1)) (see paras 50-54) 4. Officials — Decision adversely affecting an official — Obligation to state reasons — Scope (Staff Regulations of Officials, Art. 25, second para.) (see para. 65) 5. Officials — Equal treatment — Meaning — Limits — Evidence between spouses — Situation not comparable to that of persons with no family ties (see paras 70-74) Re: Application pursuant to Article 270 TFEU and seeking, first, annulment of the decision of the Commission of 2 October 2015 rejecting the applicant’s request for a review of her classification in function group IV, grade 15, step 1 and, second, in so far as necessary, annulment of the decision of the AECE of 29 March 2016 rejecting the applicant’s complaint. Operative part The Court: 1. Dismisses the action; 2. Orders OY to pay the costs.