CELEX: 62018TA0511
Language: en
Date: 2020-06-25 00:00:00
Title: Case T-511/18: Judgment of the General Court of 25 June 2020 — XH v Commission (Civil service — Officials — Promotion — 2017 promotion exercise — Decision not to promote — Clarity and precision of a plea in law in the application — Rule requiring correspondence — Challenge of definitive acts — Admissibility — Article 45 of the Staff Regulations — Interim probation report — End-of-probation report — Appraisal report — Factors taken into account for the consideration of the comparative merits — Regularity of the procedure — Liability — Non-material damage)

17.8.2020   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 271/33
            
         
      Judgment of the General Court of 25 June 2020 — XH v Commission
      (Case T-511/18) (1)
      
      (Civil service - Officials - Promotion - 2017 promotion exercise - Decision not to promote - Clarity and precision of a plea in law in the application - Rule requiring correspondence - Challenge of definitive acts - Admissibility - Article 45 of the Staff Regulations - Interim probation report - End-of-probation report - Appraisal report - Factors taken into account for the consideration of the comparative merits - Regularity of the procedure - Liability - Non-material damage)
      (2020/C 271/42)
      Language of the case: English
      
         Parties
      
      
         Applicant: XH (represented by: E. Auleytner, lawyer)
      
         Defendant: European Commission (represented by: L. Radu Bouyon and L. Vernier, acting as Agents)
      
         Re:
      
      Application under Article 270 TFEU, seeking (i) annulment of the decision, published in Administrative Notices No 25-2017 of 13 November 2017, not to include the applicant’s name in the list of officials promoted in the 2017 promotion exercise and annulment of Decision R/96/18 of 7 June 2018 rejecting the applicant’s complaint of 10 February 2018 and (ii) compensation for the damage allegedly suffered as a result of those decisions.
      
         Operative part of the judgment
      
      The Court:
      
                  1.
               
               
                  Annuls the decision not to promote XH to grade AD 6 in the 2017 promotion exercise, which is apparent from the publication, in Administrative Notices No 25-2017 of 13 November 2017, of the list of officials promoted to that grade;
               
            
                  2.
               
               
                  Orders the European Commission to pay to XH the sum of EUR 2 000 as compensation for the non-material damage that she has suffered;
               
            
                  3.
               
               
                  Dismisses the action as to the remainder;
               
            
                  4.
               
               
                  Orders the Commission to pay the costs.
               
            
         (1)  OJ C 131, 8.4.2019.