Keywords
Summary

Keywords

1. Appeals — Interest in bringing proceedings — Conditions — Advantage for the appellant — (EC Statute of the Court of Justice, Art. 49)

2. Officials — Promotion — Discretion of the administration — Judicial review — Limits — (Staff Regulations, Art. 45)

Summary

1. For an appellant to have an interest in bringing appeal proceedings the appeal must be likely, if successful, to procure an advantage for it.

An appeal is likely to procure an advantage for an institution where, if upheld, it would allow it to recover the arrears of salary paid to an official in compliance with the judgment under appeal. Annulment of that judgment would, in any event, procure a definite advantage for that institution since it would secure indemnity against any action for compensation which might be brought by the official for the loss he claims to have suffered as a result of the contested decision which was annulled by the Court of First Instance.

see paras 28, 30-31

2. In assessing the interests of the service and the qualifications and merits of the candidates to be taken into consideration in making a promotion decision pursuant to Article 45 of the Staff Regulations, the appointing authority possesses a wide discretion and, in that connection, the Community Court's review must be confined to the question whether, having regard to the various considerations which have influenced the administration in making its assessment, the latter has remained within reasonable bounds and has not used its power in a manifestly incorrect way. The Community Court cannot therefore substitute its assessment of the qualifications and merits of the candidates for that of the appointing authority.

see para. 35