Judgment — ECLI:EU:F:2009:13
Date: 2009-02-17
Language of the case: French
Court formation: First Chamber
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Concepts: General
Procedure: Staff cases - successful

Summary Officials – Reports procedure – Career development report – General implementing provisions establishing common appraisal rules for each directorate-general (Staff Regulations, Art. 43) The infringement, in drawing up an official’s career development report, of the general implementing provisions for Article 43 of the Staff Regulations adopted by the institution concerned, according to which common appraisal rules for each directorate-general must be taken into account in order to make it easier to compare the merits of officials, to harmonise the merit marks suggested by the reporting officers and to ensure consistent appraisal within a directorate-general, constitutes an infringement of a substantive procedural requirement. Failure to apply those rules or to take them sufficiently into account thus renders the official’s appraisal substantively flawed and justifies its annulment. (see paras 46-47)