CELEX: C2006/048/51
Language: en
Date: 2006-02-25 00:00:00
Title: Joined Cases T-155/03, T-157/03 and T-331/03: Judgment of the Court of First Instance of  13 December 2005  — Cwik v Commission (Officials — Staff report — Promotion exercises 1995/1997, 1997/1999 and 1999/2001 — Actions for annulment — Drawing-up successive staff reports at the same time — Procedural irregularities — Lateness — Personal file — Manifest error of assessment — Misuse of powers — Inconsistency of the statement of reasons — Compensation for damage suffered — Material damage — Non-material damage)

25.2.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 48/27
            
         Judgment of the Court of First Instance of 13 December 2005 — Cwik v Commission
   (Joined Cases T-155/03, T-157/03 and T-331/03) (1)
   
   (Officials - Staff report - Promotion exercises 1995/1997, 1997/1999 and 1999/2001 - Actions for annulment - Drawing-up successive staff reports at the same time - Procedural irregularities - Lateness - Personal file - Manifest error of assessment - Misuse of powers - Inconsistency of the statement of reasons - Compensation for damage suffered - Material damage - Non-material damage)
   (2006/C 48/51)
   Language of the case: French
   Parties
   
      Applicant: Michael Cwik (Tervuren, Belgium) (represented by: N. Lhoëst and E. de Schietere de Lophem, lawyers)
   
      Defendant: Commission of the European Communities (represented by: J. Currall and L. Lozano Palacios, Agents)
   Application for
   Firstly, annulment of the Commission decisions drawing-up the definitive version of the applicant's staff reports for the periods running from 1 July 1995 to 30 June 1997, from 1 July 1997 to 30 June 1999 and from 1 July 1999 to 30 June 2001 and, so far as necessary, the Commission decisions rejecting the applicant's complaints as to those reports, and, secondly, compensation for the material and non-material damage alleged.
   Operative part of the judgment
   The Court:
   
               1.
            
            
               Annuls the Commission decisions drawing-up the definitive version of the applicant's staff reports for the periods 1995/1997 and 1997/1999 and the Commission decisions rejecting the applicant's complaints as to those staff reports;
            
         
               2.
            
            
               Orders the Commission to pay the applicant the sum of EUR 2 000 by way of damages;
            
         
               3.
            
            
               Dismisses the remainder of the actions;
            
         
               4.
            
            
               In Cases T-155/03 and T-157/03, orders the Commission to pay the costs;
            
         
               5.
            
            
               In Case T-331/03, orders the Commission to bear its own costs and to pay half the applicant's costs.
            
         
      (1)  OJ C 171, 19.7.2003.