JUDGMENT OF THE CIVIL SERVICE TRIBUNAL
(Third Chamber)
25 April 2007
Case F-50/06
Maddalena Lebedef-Caponi
v
Commission of the European Communities
(Officials – Appraisal – Career development report – 2001/2002 appraisal – General Provisions for Implementing Article 43 of the Staff Regulations – Article 26 of the Staff Regulations)
Application: brought under Articles 236 EC and 152 EA, in which Ms Lebedef-Caponi seeks annulment of her career development report for
the period 1 July 2001 to 31 December 2002.
Held: Ms Lebedef-Caponi’s career development report for the period 1 July 2001 to 31 December 2002 is annulled. The Commission is
ordered to pay the costs.
Summary
Acts of the institutions – Withdrawal – Unlawful acts – Extent in the event of a procedural defect
Where the administration decides to withdraw an act because of a procedural defect in its adoption, just as where it replaces
a decision annulled by the Community judicature because of a procedural defect, it has the discretion to repeat the whole
of the adoption procedure without confining itself to what is necessary to rectify the defect identified. Consequently, if,
when withdrawing an act, the administration gives the person concerned a formal assurance that it will repeat the adoption
procedure from the beginning, it cannot, without breaching the principle of the protection of legitimate expectations, go
back on the undertaking it has given by limiting the extent of the withdrawal merely to those phases of the procedure that
were unlawful.
(see paras 38, 45-46)