This document is an excerpt from the EUR-Lex website
Document 62020TJ0033
Judgment of the General Court (Fourth Chamber) of 9 February 2022.
Ivo Van Walle v European Centre for Disease Prevention and Control.
Civil service – Members of the temporary staff – ECDC staff members – Appraisal report for 2018 – Freedom of expression – Obligation to state reasons – Case requiring a specific statement of reasons – Manifest error of assessment – Duty to have regard for the welfare of officials – Right to be heard.
Case T-33/20.
Judgment of the General Court (Fourth Chamber) of 9 February 2022.
Ivo Van Walle v European Centre for Disease Prevention and Control.
Civil service – Members of the temporary staff – ECDC staff members – Appraisal report for 2018 – Freedom of expression – Obligation to state reasons – Case requiring a specific statement of reasons – Manifest error of assessment – Duty to have regard for the welfare of officials – Right to be heard.
Case T-33/20.
Court reports – general
ECLI identifier: ECLI:EU:T:2022:60
Judgment of the General Court (Fourth Chamber) of 9 February 2022 –
Van Walle v ECDC
(Case T‑33/20) ( 1 )
(Civil service – Members of the temporary staff – ECDC staff members – Appraisal report for 2018 – Freedom of expression – Obligation to state reasons – Case requiring a specific statement of reasons – Manifest error of assessment – Duty to have regard for the welfare of officials – Right to be heard)
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1. |
Officials – Members of the temporary staff – Reports procedure – Appraisal report – Drawing up – Self-assessment – Duty of the person under appraisal to show discretion – Scope – Taking into consideration comments made by the person under appraisal in rejecting his complaint against the decision not to renew his contract – No infringement of the right to freedom of expression (Charter of Fundamental Rights of the European Union, Art. 11; Staff Regulations of Officials, Arts 12, 21 and 43(3); Conditions of Employment of Other Servants, Art. 11) (see paras 33-36, 38, 39, 52) |
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Officials – Reports procedure – Internal directive of an institution relating to the reports procedure – Legal effects (Staff Regulations of Officials, Arts 43 and 110) (see para. 46) |
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Officials – Reports procedure – Appraisal report – Drawing up – System set up by the European Centre for Disease Prevention and Control (ECDC) – Obligation to state reasons – Scope (Staff Regulations of Officials, Art. 43) (see paras 47, 91) |
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Officials – Reports procedure – Appraisal report – Drawing up – System set up by the European Centre for Disease Prevention and Control (ECDC) – Obligation for the appraisal to cover the reference period – References to the previous period – Relationship problems identified in previous periods that continued during the reference period – Whether permissible (Staff Regulations of Officials, Art. 43) (see paras 53-57) |
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Officials – Reports procedure – Appraisal report – Obligation to state reasons – Scope – Need for consistency between the analytic assessments and the comments (Staff Regulations of Officials, Art. 43) (see paras 71, 72) |
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Officials – Reports procedure – Appraisal report – Assessment of conduct in the service – Need for a collective assessment in the light of the team to which the person under appraisal belongs and his superiors – Negative assessment despite positive comments about the efficiency and ability of the person under appraisal – Whether permissible (Staff Regulations of Officials, Art. 43) (see para. 81) |
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Officials – Reports procedure – Existence of differences between an official and his immediate superior – No impact on the latter’s ability to assess the merits of the official concerned (see para. 124) |
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Officials – Reports procedure – Appraisal report – Rights of the defence – Scope – Obligation to hear the person under appraisal – Scope (Charter of Fundamental Rights of the European Union, Art. 41(2); Staff Regulations of Officials, Art. 43) (see paras 130-133) |
Operative part
The Court:
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1. |
Dismisses the action; |
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2. |
Orders Mr Ivo Van Walle to bear his own costs and to pay those incurred by the European Centre for Disease Prevention and Control (ECDC). |
( 1 ) OJ C 103, 30.3.2020.