Judgment — ECLI:EU:T:2017:829
Date: 2017-11-23
Language of the case: French
Court formation: Fifth Chamber
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Procedure: Staff cases - unfounded

Judgment of the General Court (Fifth Chamber) of 23 November 2017 — PF v Commission (Case T‑617/16) (Civil service — Officials — Promotion — 2015 promotion exercise — Articles 43 and 45(1) of the Staff Regulations — Duty to provide a statement of reasons — Consideration of comparative merits — Use of languages in the context of the duties performed by administrators assigned to linguistic duties and by administrators assigned to non-linguistic duties — Legitimate absences — Manifest error of assessment) 1. Officials — Promotion — Complaint by a candidate not promoted — Rejection decision — Obligation to state reasons — Scope — General and stereotypical statement of reasons equivalent to a complete absence of a statement of reasons — Assessment in the light of the factual and legal context of the adoption of the contested measure (Art. 296 TFEU; Staff Regulations of Officials, Arts 25, second para. and 90(2)) (see paras 32-35, 50) 2. Officials — Promotion — Consideration of comparative merits — Administration’s discretion — Judicial review — Limits (Staff Regulations of Officials, Art. 45) (see paras 55, 58) 3. Officials — Promotion — Consideration of comparative merits — Administration’s discretion — Scope — Taking account of staff reports — Other factors that may be taken into consideration (Staff Regulations of Officials, Art. 45) (see paras 56, 57, 107) 4. Officials — Promotion — Consideration of comparative merits — Administration’s discretion — Evidence capable of being taken into consideration — Languages exercised in the performance of the duties — Assessment in the light of the advantage afforded to the official concerned due to the use of languages in the context of his duties compared to all of the officials eligible for promotion — Lawfulness (Staff Regulations of Officials, Art. 45; Council Regulation No 723/2004) (see paras 72, 74, 75) 5. Officials — Promotion — Consideration of comparative merits — Taking into account of absences on medical grounds or following an accident — Conditions (Staff Regulations of Officials, Art. 45) (see para 100) 6. Officials — Promotion — Right to promotion — None (Staff Regulations of Officials, Art. 45) (see para 104) Re: APPLICATION under Article 270 TFEU seeking annulment of the Commission’s decision not to promote the applicant to Grade AD 8 in the 2015 promotion exercise. Operative part The Court: 1. Dismisses the action; 2. Orders PF to pay the costs.