Judgment;Information — ECLI:EU:T:2024:166
Date: 2024-03-13
Language of the case: English
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Procedure: Staff cases - unfounded;Action for damages - unfounded

Judgment of the General Court (Tenth Chamber) of 13 March 2024 – QN v Commission (Case T‑531/21) (1) ( Civil service – Officials – Promotion – 2020 promotion exercise – Decision not to promote the applicant – Article 45 of the Staff Regulations – Consideration of comparative merits – Equal treatment – Manifest error of assessment – Obligation to state reasons – Liability ) 1. 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(1)) (see paragraphs 24, 45, 46) 2. Officials – Promotion – Consideration of comparative merits – Procedures – Administration’s discretion – Limits – Respect for the principle of equal treatment – Judicial review – Limits – Manifest error of assessment – Meaning – Burden of proof (Staff Regulations of Officials, Art. 45(1)) (see paragraphs 29-32, 35-37, 70) 3. Officials – Reports procedure – Appraisal report – Setting of objectives to be achieved – No requirement in the institution’s internal documentation – Non-setting of objectives – Consequences – Irregularity not capable of justifying the annulment of the report (Staff Regulations of Officials, Art. 43) (see paragraphs 42-44) 4. Officials – Reports procedure – Appraisal report – Drawing up – Obligation of impartiality – Scope – Calling into question of opinions expressed by appraisers – Burden of proof (Charter of Fundamental Rights of the European Union, Art. 41(1); Staff Regulations of Officials, Art. 43) (see paragraph 55) 5. Officials – Promotion – Criteria – Merits – Taking account of seniority in grade – Subsidiary matter (Staff Regulations of Officials, Art. 45) (see paragraph 68) 6. Officials – Promotion – Complaint by a candidate not promoted – Rejection decision – Obligation to state reasons – Scope (Art. 296 TFEU; Staff Regulations of Officials, Arts 25, second para., 45 and 90(2)) (see paragraphs 80-82, 86, 90) 7. Judicial proceedings – Measures of organisation of procedure – Request for production of documents – Discretion of the EU judicature (Rules of Procedure of the General Court, Art. 89(3)(d)) (see paragraphs 106, 107) Operative part The Court: 1. Dismisses the action; 2. Orders QN to pay the costs. 1 OJ C 462, 15.11.2021.