Information;Judgment — ECLI:EU:T:2022:303
Date: 2022-05-18
Language of the case: French
Court formation: Eighth Chamber
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Procedure: Staff cases - unfounded

Judgment of the General Court (Eighth Chamber) of 18 May 2022 – TK v Commission (Case T-435/21) (1) (Civil service – Officials – Promotion – 2020 promotion exercise – Decision not to promote the applicant to grade AD 15 – Comparing merits – Equal treatment – Manifest error of assessment – Obligation to state reasons) 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; Charter of Fundamental Rights of the European Union, Art. 41(2)(c); Staff Regulations of Officials, Arts 25, second para., 45 and 90(2)) (see paras 25-27, 38) 2. Actions brought by officials – Pleas in law – Lack of or inadequate statement of reasons – Separate plea in law from the one concerning substantive legality (Staff Regulations of Officials, Art. 25, second para.) (see para. 28) 3. 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 – Concept (Staff Regulations of Officials, Art. 45) (see paras 44, 45, 58-61) 4. Officials – Promotion – Application of different rules to officials belonging to senior management and other officials – No breach of the principle of equal treatment (Charter of Fundamental Rights of the European Union, Arts 20 and 21; Staff Regulations of Officials, Art. 45) (see paras 46, 47) 5. 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) (see paras 56, 57, 75, 77) 6. Officials – Promotion – Candidates eligible for promotion – No right to promotion (Staff Regulations of Officials, Art. 45) (see para. 62) 7. Officials – Promotion – Criteria – Merits – Taking account of seniority in grade – Subsidiary matter – Taking account of consistency of merits over time – Scope (Staff Regulations of Officials, Art. 45) (see paras 66, 67, 71) Operative part The Court: 1. Dismisses the action; 2. Orders TK and the European Commission to each bear their own costs. 1 OJ C 349, 30.8.2021.