CELEX: 62006FJ0034
Language: en
Date: 2007-11-22
Title: Judgment of the Civil Service Tribunal (Second Chamber) of 22 November 2007. # Christos Michail v Commission of the European Communities. # Public service - Officials - Action for annulment - Action for damages. # Case F-34/06.

JUDGMENT OF THE CIVIL SERVICE TRIBUNAL (Second Chamber)
      22 November 2007 
      Case F-34/06
      Christos Michail
      v
      Commission of the European Communities 
      (Civil service – Officials – Appraisal – Career development report – 2004 appraisal – Action for annulment – Action for damages)
      Application: brought under Articles 236 EC and 152 EA, in which Mr Michail seeks annulment of his career development report for the period
         from 1 January to 31 December 2004, annulment of the decision of 4 November 2005 rejecting his complaint against the 2004
         career development report, and an order for the Commission to pay him compensation of EUR 120 000 for the non-material damage
         he alleges he has suffered.
      
      Held: The action is dismissed. Each party is to bear its own costs.
      
      Summary
      Officials – Reports procedure – Career development report
      (Staff Regulations, Art. 43)
      Since an assessment cannot be made of an official’s ability, efficiency and conduct in the service for a period when he was
         not assigned any duties, it follows that an official cannot complain that his career development report for a particular year
         does not include an assessment for such a period.
      
      (see para. 31)
      See:
      F-67/05 Michail v Commission [2007] ECR-SC I-A-1-0000 and II-A-1-0000, para. 33