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Document 62016TO0582

    Order of the General Court (Ninth Chamber) of 22 June 2017.
    Monique Vankerckhoven-Kahmann v European Commission.
    Civil service — Officials — Career reconstruction — Refusal to promote — Inter-institutional transfer — Classification in grade — Request within the meaning of Article 90(1) of the Staff Regulations — Reasonable period — Inadmissibility.
    Case T-582/16.

    Court reports – general – 'Information on unpublished decisions' section

    Order of the General Court (Ninth Chamber) of 22 June 2017 — Vankerckhoven-Kahmann v Commission

    (Case T‑582/16)

    (Civil service — Officials — Career reconstruction — Refusal to promote — Inter-institutional transfer — Classification in grade — Request within the meaning of Article 90(1) of the Staff Regulations — Reasonable period — Inadmissibility)

    1. 

    Actions brought by officials—Request under Article 90(1) of the Staff Regulations—Definition—Request for information—Not included

    (Staff Regulations, Art. 90(1))

    (see paras 32-35)

    2. 

    Actions brought by officials—Acts adversely affecting an official—Definition—Career sheet in the computerised individual file showing maintenance in grade—Not included

    (Staff Regulations, Arts 90(2), and 91(1))

    (see para. 42)

    3. 

    Officials—Reports procedure—Appraisal report—Nature and purpose

    (Staff Regulations, Art. 43)

    (see para. 43)

    4. 

    Actions brought by officials—Request under Article 90(1) of the Staff Regulations—Period for lodging—Reasonable time—Criteria for assessment

    (Staff Regulations, Art. 90(1))

    (see paras 47, 51, 57-59, 61, 62, 72, 75)

    5. 

    Actions brought by officials—Request under Article 90(1) of the Staff Regulations—Period for lodging—Reasonable time—To be considered of the Court’s own motion—Administration replying on the substance to a late request—Irrelevant

    (Staff Regulations, Art. 90(1))

    (see paras 48, 77)

    Re:

    ACTION brought under Article 270 TFEU, seeking annulment, first, of the Commission’s decision of 17 April 2015 refusing to re-grade the applicant on her transfer and, secondly, of the Commission’s decision of 9 November 2015 rejecting her complaint lodged on 17 July 2015.

    Operative part

    1.

    The action is dismissed as inadmissible.

    2.

    Ms Monique Vankerckhoven-Kahmann is ordered to bear her own costs and to pay those incurred by the European Commission.

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