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Document 62020CO0259
Order of the Court (Sixth Chamber) of 3 December 2020.
João Miguel Barata v European Parliament.
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Civil service – Officials – Certification procedure – 2016 promotion exercise – Exclusion of the appellant from the final list of officials entitled to take part in the training programme – Article 90(2) of the Staff Regulations of Officials of the European Union – Obligation to state reasons – Manifest error of assessment – Equal treatment – Rights of the defence.
Case C-259/20 P.
Order of the Court (Sixth Chamber) of 3 December 2020.
João Miguel Barata v European Parliament.
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Civil service – Officials – Certification procedure – 2016 promotion exercise – Exclusion of the appellant from the final list of officials entitled to take part in the training programme – Article 90(2) of the Staff Regulations of Officials of the European Union – Obligation to state reasons – Manifest error of assessment – Equal treatment – Rights of the defence.
Case C-259/20 P.
ECLI identifier: ECLI:EU:C:2020:994
Order of the Court (Sixth Chamber) of 3 December 2020 – Barata v Parliament
(Case C‑259/20 P)
(Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Civil service – Officials – Certification procedure – 2016 promotion exercise – Exclusion of the appellant from the final list of officials entitled to take part in the training programme – Article 90(2) of the Staff Regulations of Officials of the European Union – Obligation to state reasons – Manifest error of assessment – Equal treatment – Rights of the defence)
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Appeal – Grounds – Grounds of the judgment under appeal citing erroneously a provision of EU law – Clerical error that may be covered by the rectification procedure – Rejection (Rules of Procedure of the General Court, Art. 164) (see paras 4 [12], 5) |
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Actions brought by officials – Plea based on an infringement of the principle of equal treatment – Reversal of the burden of proof – Conditions (Staff Regulations, Art. 1d(5)) (see paras 4 [40-42, 77], 5) |
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Actions brought by officials – Prior administrative complaint – Rejection decision – Requirement to hear the interested party before a ruling on a complaint or to give him or her the opportunity to supplement it – None (Staff Regulations of Officials, Art. 90(2)) (see paras 4 [59], 5) |
Operative part
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The appeal is dismissed as being in part manifestly inadmissible and in part manifestly unfounded. |
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Mr João Miguel Barata shall bear his own costs. |