Judgment — ECLI:EU:T:2018:809
Date: 2018-11-20
Language of the case: English
Court formation: Second Chamber
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Procedure: Staff cases - unfounded;Staff cases - inadmissible

summary of the pleas in law on which the application is based — General reference to documents annexed to the application — Inadmissibility (Staff Regulations of Officials, Arts 21, first para. and 53, first para.; Rules of Procedure of the General Court, Art. 76(b) and (d)) (see paras 20, 24, 43, 44) 3. Actions brought by officials — Prior administrative complaint — Correspondence between the complaint and the application — Same subject matter and legal basis — Plea of illegality raised for the first time in the context of the action — Admissibility (Art. 277 TFEU; Staff Regulations of Officials, Arts 90 and 91) (see paras 30-32) 4. Actions brought by officials — Plea alleging lack of competence of the body which adopted the act adversely affecting an official — Ground involving a question of public policy (Art. 263 TFEU) (see para. 39) 5. Actions brought by officials — Judgment annulling a measure — Effects — Annulment of a decision not to include the applicant on the list of candidates selected to participate in a certification programme — Annulment of the notice of competition and of the list in question — None (Staff Regulations of Officials, Art. 91) (see para. 50) 6. Officials — Promotion — Consideration of comparative merits — Administration's discretion — Judicial review — Limits (Staff Regulations of Officials, Art. 45(1)) (see paras 65-67, 73, 74) 7. Officials — Certification procedure — Complaint by a candidate not selected — Rejection decision — Obligation to state reasons at the latest at the stage of rejection of the complaint — Scope (Staff Regulations of Officials, Arts 25, 45 and 90(2)) (see paras 81-84) 8. Officials — Principles — Rights of defence — Obligation to hear the person concerned before adopting a measure adversely affecting him — Scope — Decision rejecting the complaint — Not included (Charter of Fundamental Rights of the European Union, Art. 41, first para.; Staff Regulations of Officials, Art. 90(2)) (see paras 93-95) 9. Judicial proceedings — Measures of organisation of procedure — Measures of inquiry — Discretion of the Courts of the Union — Scope (Rules of Procedure of the General Court, Arts 90(1) and 92(1)) (see paras 104, 105) Re: Application on the basis of Article 270 TFEU and seeking annulment, first, of the Parliament’s decision dated 29 January 2016 and the confirmatory decision dated 29 March 2016 not to include the applicant’s name on the list of officials authorised to participate in 2015 in the training programme in respect of the 2015 certification procedure, secondly, of the decision dated 25 August 2016 rejecting the complaint, thirdly, of Notice of internal competition 2015/023, communicated to the staff on 18 September 2015, and, fourthly, of the draft list of officials selected to participate in the training programme in question. Operative part The Court: 1. Dismisses the action; 2. Orders Mr João Miguel Barata to pay the costs.