Staff case summary

Staff case summary

Summary

1. Officials – Reports procedure – Career development report – Judicial review – Limits

(Staff Regulations, Art. 43)

2. Officials – Reports procedure – Career development report – Duty to state reasons – Scope

(Staff Regulations, Art. 43)

1. It is not for the Tribunal to substitute its assessment for that of the persons responsible for appraising the work of the official under appraisal. The institutions of the Community enjoy a wide discretion in appraising the work of their officials. Value judgements relating to officials in career development reports are not subject to review by the Tribunal except as regards any irregularities of form or manifest errors of fact vitiating the assessments made by the administration or any misuse of power.

(see para. 39)

See:

T-285/04 Andrieu v Commission [2006] ECR-SC I-A-2-161 and II‑A‑2‑775, para. 99; T-249/04 Combescot v Commission [2007] ECR-SC I-A-2-0000 and II-A-2-0000, para. 78

2. Particular care must be taken with the statement of reasons for the career development report in certain situations, particularly where the appeal assessor does not follow the recommendations of the Joint Evaluation Committee, where the career development report includes appraisals which are less favourable than those in a previous report, or where the report is drawn up late and the reporting officer is no longer the immediate superior who was acting as assessor during the period reported on .

(see para. 47)

See:

T-16/03 Ferrer de Moncada v Commission [2004] ECR-SC I‑A‑261 and II‑1163, paras 49, 50, 53 and 54; Combescot v Commission , para. 84