Order — ECLI:EU:T:2013:721
Date: 2013-12-19
Language of the case: French
Court formation: Appeals Chamber
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Procedure: Appeal - unfounded;Appeal - inadmissible;Staff cases

Summary Actions brought by officials — Grounds — Misuse of powers — Definition The concept of misuse of powers has a very precise meaning and encompasses the use by an administrative authority of its powers for a purpose other than that for which they were conferred upon it. A decision is vitiated by misuse of powers only if it appears, on the basis of objective, relevant and consistent factors, to have been taken with the purpose of achieving ends other than those stated. In that regard, it is not sufficient to refer to certain facts in support of claims; evidence of a sufficiently specific, objective and consistent nature must also be adduced to support their truth or, at the very least, their probability, failing which the material accuracy of the statements of the institution concerned cannot be challenged. Thus, the overall assessment of evidence of misuse of powers cannot be based on mere assertions or on evidence that is insufficiently clear or is neither objective nor relevant. (see paras 31-33) See: T‑111/99 Samper v Parliament [2000] ECR-SC I‑A‑135 and II‑611, para. 64; T‑471/04 Karatzoglou v EAR [2008] ECR-SC I‑A‑2-79 and II‑A‑2-485, para. 49; T‑40/07 P and T‑62/07 P de Brito Sequeira Carvalho v Commission [2009] ECR-SC I‑B‑1-89 and II‑B‑1-551, paras 172 and 173