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Document 62016TJ0706

Judgment of the General Court (Appeal Chamber) of 26 October 2017.
HB v European Commission.
Appeal – Civil service – Officials – Promotion – 2014 promotion exercise – Comparative consideration of the merits – Discrimination based on sex – Error in law.
Case T-706/16 P.

Court reports – general – 'Information on unpublished decisions' section

Judgment of the General Court (Appeal Chamber) of 26 October 2017 – HB v Commission

(Case T-706/16 P)

(Appeal – Civil service – Officials – Promotion – 2014 promotion exercise – Comparative consideration of the merits – Discrimination based on sex – Error in law)

1. 

Appeal–Pleas in law–Plea submitted for the first time in the context of the appeal–Inadmissibility

(see para. 29)

2. 

Appeal–Pleas in law–Mistaken assessment of the facts–Inadmissibility–General Court’s review of the assessment of the facts and evidence–Possible only where the clear sense of the evidence has been distorted

(Art. 257, third para., TFEU; Statute of the Court of Justice, Annex I, Art. 11(1))

(see paras 37, 54, 55)

3. 

Appeal–Pleas in law–Invalid plea in law–Meaning

(see para. 42)

4. 

Officials–Equal treatment–Equality between male and female officials–Decision not to promote–Discrimination on grounds of pregnancy–Burden of proof

(Staff Regulations, Art. 1d(5))

(see paras 50-53, 56)

Re:

APPEAL brought against the judgment of the Civil Service Tribunal of the European Union (Second Chamber) of 20 July 2016, HB v Commission (F-125/15, EU:F:2016:164), seeking to have that judgment set aside.

Operative part

The Court:

1.

Dismisses the appeal;

2.

Orders HB to bear her own costs and to pay those incurred by the European Commission in the context of the present proceedings;

3.

The costs relating to the proceedings at first instance remain allocated in accordance with paragraphs 2 and 3 of the operative part of the judgement of the Civil Service Tribunal of the European Union (Second Chamber) of 21 July 2016, HB v Commission (F-125/15).

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