Judgment;Information — ECLI:EU:T:2020:326
Date: 2020-07-08
Language of the case: French
Court formation: Seventh Chamber
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Procedure: Staff cases - successful

Judgment of the General Court (Seventh Chamber) of 8 July 2020 – EP v Commission (Case T‑605/19) (Civil service – Officials – 2018 promotion exercise – Decision not to promote – Article 45 of the Staff Regulations – Obligation to state reasons – Consideration of comparative merits) 1. Officials – Promotion – Complaint by a candidate not promoted – Decision to reject – Obligation to state reasons – Scope – Inadequate statement of reasons – Regularisation during the proceedings – Conditions (Art. 296 TFEU; Staff Regulations of Officials, Arts 25, second para., 45 and 90(2)) (see paras 29-32, 34-36, 60) 2. Officials – Promotion – Complaint by a candidate not promoted – Decision to reject – Obligation to state reasons – Scope – General and stereotypical statement of reasons equivalent to a complete absence of a statement of reasons (Art. 296 TFEU; Staff Regulations of Officials, Arts 25, second para., 45 and 90(2)) (see para. 33) 3. Officials – Promotion – Criteria – Merits – Taking account of seniority in grade – Subsidiary matter (Staff Regulations of Officials, Art. 45) (see paras 61, 66) Re: Action pursuant to Article 270 TEFU for annulment of the Commission decision of 13 November 2018 not to promote the applicant to grade AD 9 in the 2018 promotion exercise. Operative part The Court: 1. Annuls the decision of the European Commission of 13 November 2018 not to promote EP to grade AD 9in the 2018 promotion exercise; 2. Orders the Commission to pay the costs.