Judgment of the Civil Service Tribunal (Second Chamber) of 29 September 2011 — Kimman v Commission

(Case F-74/10) (1)

(Staff cases - Civil servants - Article 43 of the Staff Regulations - Article 45 of the Staff Regulations - 2009 appraisal - Classification in a level of performance - Decision awarding promotion points - Appraisal report - Opinion of the ad hoc group - Infringement of the duty to give reasons - Plea raised of its own motion - Burden of proof)

(2012/C 138/47)

Language of the case: French

Parties

Applicant: Eugène Émile Kimman (Overijse, Belgium) (represented by: L. Levi, lawyer)

Defendant: European Commission (represented by: G. Berscheid and P. Pecho, acting as Agents)

Re:

Application to annul the applicant’s staff report for 2008

Operative part of the judgment

The Tribunal:

1.	Dismisses the action;

2.	Orders the European Commission to bear a quarter of the applicant’s costs, in addition to its own costs;

3.	Orders the applicant to pay three quarters of his own costs.

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(1)  OJ C 301, 6.11.2010, p. 63.