CELEX: C1996/388/15
Language: en
Date: 1996-12-21 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 21 November 1996 in Case T-144/95: Christos Michaël v. Commission of the European Communities (Promotion - Practical guide to the promotions procedure - Category A officials - List of officials most deserving of promotion - List of promoted officials - Decision adversely affecting an official)

No C 388/8             EN |                 Official Journal of the European Communities                                    21 . 12 . 96
                                                      COURT OF FIRST INSTANCE
 JUDGMENT OF THE COURT OF FIRST INSTANCE                               The applicant claims that the Court should :
                    of 21 November 1996
in Case T- 144/95 : Christos Michael v. Commission of the              — annul the decision of the appointing authority not to
                 European Communities 0 )                                   promote the applicant to grade B 1 in the 1995
                                                                            promotion procedure,
(Promotion — Practical guide to the promotions
procedure — Category A officials — List of officials most
deserving of promotion — List of promoted officials —                  — annul, in so far as may be necessary, the decision of
          Decision adversely affecting an official)                         the Advisory Committee on grade B promotions not to
                                                                            include the applicant in the list of officials proposed
                            ( 96/C 388/15 )                                 for promotion to grade B 1 in the 1995 promotion
                                                                            procedure,
               (Language of the case: French)
                                                                       — order the defendant to pay the costs.
In Case T-144/95 : Christos Michael, an official of the
Commission of the European Communities, residing in
Brussels, represented by Lucas Vogel and Beatrice                      Pleas in law and main arguments adduced in support:
Gribomont, of the Brussels Bar, with an address for
service in Luxembourg at the Chambers of Christian                     The applicant, an official in the service of the Council,
Kremer, 8-10 Rue Mathias Hardt, against Commission of                  was promoted to grade B 2 on 1 June 1987. She states,
the European Communities ( Agents: Ana Maria Alves                     first, that she has been suffering for over two years from
Vieira and Alberto Dal Ferro ) — application for                       health problems which have on several occasions
annulment of the implied decision rejecting the complaint              necessitated her hospitalization for very short periods .
lodged by the applicant on 7 December 1994 on the basis
of Article 90 ( 2 ) of the Staff Regulations of Officials of           The list of officials , proposed by the Advisory Committee
the European Communities against a decision of the                     for promotion to grade B 1 , dated 7 December 1995 , does
Commission drawing up the list of officials promoted to                not contain the name of the applicant. She considers that
Grade A 4 in the 1994 promotion procedure — the Court                  the representatives of the administration opposed her
of First Instance ( Fourth Chamber ), composed of K.                   promotion by reason of her absence on sick leave . She
Lenaerts, President, P. Lindh and J. D. Cooke, Judges; J.              pleads infringement of Article 45 of the Staff Regulations,
Palacio Gonzalez, Administrator, for the Registrar, gave a             breach of the opinion of the Joint Committee and
judgment on 21 November 1996 , the operative part of                   contravention of Staff Communication No P 76/93 of
which is as follows :
                                                                       16 July 1993 .
1 . The Commission 's decision not to promote the
    applicant to Grade A 4 in the 1994 promotion                       By her second plea, the applicant alleges infringement of
    procedure is annulled.                                             the obligation imposed by Article 25 of the Staff
                                                                       Regulations to provide a statement of reasons . The
                                                                       applicant maintains that the Council refused to
2 . The Commission is ordered to pay the costs.                        communicate to her the criteria             used to assess the
                                                                       comparative merits of officials eligible for promotion to
0 ) OJ No C 248 , 23 . 9 . 1995 .                                      grade B 2 . The contested decisions are also vitiated by a
                                                                       total absence of any statement of reasons, or at least by a
                                                                       blatantly inadequate statement of reasons, and must
                                                                       consequently be annulled .
Action brought on 22 October 1996 by Catherine Patronis
        against the Council of the European Union
                          ( Case T-168/96 )
                            ( 96/C 388/ 16                             Action brought on 22 October 1996 by Jean-Pierre
                                                                       Pierard against the Commission of the European
                                                                                                   Communities
               (Language of the case: French)
                                                                                                ( Case T- 169/96 )
An action against the Council of the European Union was                                           ( 96/C 388/ 17
brought before the Court of First Instance of the European
Communities on 22 October 1996 by Catherine Patronis,
residing in Brussels, represented by Jean-Noel Louis,                                  (Language of the case: French)
Thierry Demaseure and Ariane Tornel, of the Brussels Bar,
with an address for service in Luxembourg at the offices               An action against the Commission of European
of Fiduciaire Myson Sari, 30 Rue de Cessange .                         Communities was brought before the Court of First