Judgment — ECLI:EU:T:2017:803
Date: 2017-11-14
Language of the case: English
Court formation: Third Chamber
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Procedure: Staff cases - successful
Origin: Spain

Summary — Judgment of the General Court (Third Chamber), 14 November 2017 1. Officials — Promotion — Consideration of comparative merits — Lack of staff reports as a result of sick leave — Participation in the promotion procedure on the basis of other valid information (Staff Regulations of Officials, Art. 45) 2. Officials — Promotion — Internal directive of an institution — Legal effects — Limits — Observation of the hierarchy of norms (Staff Regulations of Officials, Art. 45) 1. It follows from the general provisions for implementing Article 45 of the Staff Regulations adopted by the Commission that an official who satisfies the first four conditions of that article, but whose staff report has not become final, is nonetheless to be regarded as eligible for promotion where that report could not be finalised owing to a delay for which he could not be held responsible. In that situation, the official concerned is to take part in the promotion procedure on the basis of other valid information replacing the staff report. Accordingly, by refusing to acknowledge the applicant’s right to take part in the promotion procedure, on the ground that his justified absence on sick leave had not allowed some of his staff reports to be completed, the appointing authority infringed that provision and erred in law. In that regard, the interpretation of that provision, whereby the appointing authority refuses to allow the official concerned to take part in the relevant promotion procedure on the basis of information replacing his staff reports and makes such participation conditional upon his resuming his duties, does not take account of situations where that official might not resume his duties in time, or even might never resume his duties. In addition, the appointing authority is required to organise a promotion exercise each year and may not delay, by several years, an official’s participation in the promotion procedure for that promotion exercise when that official is eligible for promotion under the general provisions for implementing Article 45 of the Staff Regulations, cited above. (see paras 24, 27, 31, 32) 2. See the text of the decision. (see para. 30)