CELEX: 62015TA0366
Language: en
Date: 2016-12-14 00:00:00
Title: Case T-366/15 P: Judgment of the General Court of 14 December 2016 — Todorova Androva v Council and Others (Appeal — Civil Service — Officials — Promotion — 2011 promotion procedure — Non-inclusion on the list of officials eligible for promotion — Action at first instance dismissed — Article 45 of the Staff Regulations — Clause 4 of the Framework Agreement on fixed- term work concluded by ETUC, UNICE and CEEP — Equal treatment — Obligation to state reasons — Burden of proof — Obligation on the court hearing the substantive application to investigate — Plea of illegality — Rule of correspondence between the complaint and the action before the EU Courts)

6.2.2017   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 38/30
            
         Judgment of the General Court of 14 December 2016 — Todorova Androva v Council and Others
   (Case T-366/15 P) (1)
   
   ((Appeal - Civil Service - Officials - Promotion - 2011 promotion procedure - Non-inclusion on the list of officials eligible for promotion - Action at first instance dismissed - Article 45 of the Staff Regulations - Clause 4 of the Framework Agreement on fixed- term work concluded by ETUC, UNICE and CEEP - Equal treatment - Obligation to state reasons - Burden of proof - Obligation on the court hearing the substantive application to investigate - Plea of illegality - Rule of correspondence between the complaint and the action before the EU Courts))
   (2017/C 038/41)
   Language of the case: French
   
      Parties
   
   
      Appellant: Viara Todorova Androva (Rhode-Saint-Genèse, Belgium) (represented by: M. Velardo, lawyer)
   
      Other parties to the proceedings: Council of the European Union (represented by: M. Bauer and M. Veiga, acting as Agents); European Commission (represented by: initially, J. Currall, G. Gattinara and A.-C. Simon, and subsequently G. Gattinara and A.-C. Simon, acting as Agents) and Court of Auditors (represented by: N. Scarfato, acting as Agent)
   
      Intervener in support of the Council of the European Union: European Parliament (represented by: D. Nessaf and M. Dean, acting as Agents)
   
      Re:
   
   Appeal brought against the judgment of the Civil Service Tribunal of the European Union (Second Chamber) of 29 April 2015, Todorova Androva v Council (F-78/12, EU:F:2015:37), seeking to have that judgment set aside.
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Dismisses the appeal;
            
         
               2.
            
            
               Orders Ms Viara Todorova Androva to bear her own costs and to pay those incurred by the Council of the European Union and the European Commission;
            
         
               3.
            
            
               Orders the European Parliament to bear its own costs.
            
         
      (1)  OJ C 337, 12.10.2015.