Judgment — ECLI:EU:T:2018:101
Date: 2018-02-28
Language of the case: English
Court formation: Eighth Chamber
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Procedure: Staff cases - unfounded;Staff cases - inadmissible;Action for damages - unfounded

Judgment of the General Court (Eighth Chamber) of 28 February 2018 – Paulini v ECB (Case T‑764/16) (Civil service — ECB staff — Remuneration — Annual salary and bonus review — Lawfulness of the guidelines — Calculation method — Taking into account of sickness leave — Taking into account of activities of a staff representative — Principle of non-discrimination) 1. Actions brought by officials — Staff of the European Central Bank — Plea of illegality — Scope — Measures the illegality of which may be pleaded — Bank guidelines concerning the annual salary and bonus review of agents — Included — Conditions (Art. 277 TFEU) (see paras 28-32, 35) 2. Officials — Staff of the European Central Bank — Annual salary and bonus review — Comparison of the performance of member of staff on sick leave with those working full time — Breach of the principle of equal treatment — None (Charter of Fundamental Rights of the European Union, Arts 12 and 21) (see paras 37, 39, 40) 3. Officials — Staff of the European Central Bank — Assessment — Appraisal report — Discretion of assessors — Judicial review — Limits — Manifest error of assessment — Meaning (see paras 48-50) 4. Officials — Staff of the European Central Bank — Annual salary and bonus review — Impact of the assessments contained in the evaluation reports — Limits 4. Officials — Staff of the European Central Bank — Annual salary and bonus review — Impact of the assessments contained in the evaluation reports — Limits (see para. 53) 5. Actions for annulment — Interest in bringing proceedings — Natural or legal persons — Action capable of securing a benefit for the applicant — Interest relating to future and uncertain situations — Not included 5. Actions for annulment — Interest in bringing proceedings — Natural or legal persons — Action capable of securing a benefit for the applicant — Interest relating to future and uncertain situations — Not included (Art. 263, fourth para., TFEU) (see paras 78, 81) 6. Actions brought by officials — Application for damages linked to an application for annulment — Inadmissibility of the application for annulment entailing inadmissibility of the claim for compensation (Staff Regulations of Officials, Arts 90 and 91) (see para. 86) Re: Action on the basis of Article 270 TFEU seeking, firstly, the annulment of the decision of the ECB, sent to the applicant on 15 December 2015 and amended on 10 February 2016, concerning the 2015 annual salary and bonus review and, secondly, compensation for the loss which the applicant allegedly suffered as a result of that decision. Operative part The Court: 1. Dismisses the action; 2. Orders Mr Jörn Paulini to bear his own costs and pay the costs incurred by the European Central Bank. 2. Orders Mr Jörn Paulini to bear his own costs and pay the costs incurred by the European Central Bank.