This document is an excerpt from the EUR-Lex website
Document 62020TJ0270
Judgment of the General Court (Seventh Chamber) of 19 October 2022.
JS v Single Resolution Board.
Civil service – Members of the temporary staff – Appraisal report – 2018 appraisal exercise – Manifest error of assessment – Principle of impartiality – Right to a fair hearing – Article 26 of the Staff Regulations – Duty to have regard for the welfare of staff – Liability.
Case T-270/20.
Judgment of the General Court (Seventh Chamber) of 19 October 2022.
JS v Single Resolution Board.
Civil service – Members of the temporary staff – Appraisal report – 2018 appraisal exercise – Manifest error of assessment – Principle of impartiality – Right to a fair hearing – Article 26 of the Staff Regulations – Duty to have regard for the welfare of staff – Liability.
Case T-270/20.
Court reports – general – 'Information on unpublished decisions' section
ECLI identifier: ECLI:EU:T:2022:651
Judgment of the General Court (Seventh Chamber) of 19 October 2022 –
JS v SRB
(Case T‑270/20) ( 1 )
(Civil service – Members of the temporary staff – Appraisal report – 2018 appraisal exercise – Manifest error of assessment – Principle of impartiality – Right to a fair hearing – Article 26 of the Staff Regulations – Duty to have regard for the welfare of staff – Liability)
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1. |
Officials – Reports procedure – Appraisal report – Discretion of assessors – Judicial review – Limits – Manifest error of assessment – Concept (Staff Regulations of Officials, Art. 43) (see paragraphs 63-65, 76, 88, 94, 101, 106, 112) |
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2. |
Officials – Reports procedure – Appraisal report – Obligation to fix objectives to be achieved – Annulment of the report in the event of non-compliance (Staff Regulations of Officials, Art. 43) (see paragraphs 120, 124) |
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3. |
Officials – Reports procedure – Internal directive of an institution relating to the reporting procedure – Legal effects (Staff Regulations of Officials, Arts 43 and 110) (see paragraph 136) |
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4. |
Officials – Reports procedure – Staff report – Drawing up – Need for the involvement of the appraisee’s managers (Staff Regulations of Officials, Art. 43) (see paragraphs 137, 138) |
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5. |
Officials – Reports procedure – Appraisal report – Drawing up – Obligation of impartiality – Concept – Presumption until evidence to the contrary adduced (Charter of Fundamental Rights of the European Union, Art. 41(1); Staff Regulations of Officials, Art. 43) (see paragraphs 145-147, 151) |
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6. |
Officials – Duty of the administration to have regard for the welfare of officials – Scope (see paragraph 162) |
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7. |
Officials – Decision affecting the administrative status of an official – Taking into account of factual matters not included in his or her personal file but previously brought to the knowledge of the person concerned – Legality – Conditions (Staff Regulations of Officials, Art. 26; Conditions of Employment of Other Servants, Art. 11) (see paragraphs 170, 172, 173, 177) |
Operative part
The Court:
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1. |
Dismisses the action; |
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2. |
Orders JS to pay the costs. |
( 1 ) OJ C 247, 27.7.2020.