JUDGMENT OF THE CIVIL SERVICE TRIBUNAL (Second Chamber)

22 November 2007

Case F-34/06

Christos Michail

v

Commission of the European Communities

(Civil service – Officials – Appraisal – Career development report – 2004 appraisal – Action for annulment – Action for damages)

Application: brought under Articles 236 EC and 152 EA, in which Mr Michail seeks annulment of his career development report for the period from 1 January to 31 December 2004, annulment of the decision of 4 November 2005 rejecting his complaint against the 2004 career development report, and an order for the Commission to pay him compensation of EUR 120 000 for the non-material damage he alleges he has suffered.

Held: The action is dismissed. Each party is to bear its own costs.

Summary

Officials – Reports procedure – Career development report

(Staff Regulations, Art. 43)

Since an assessment cannot be made of an official’s ability, efficiency and conduct in the service for a period when he was not assigned any duties, it follows that an official cannot complain that his career development report for a particular year does not include an assessment for such a period.

(see para. 31)

See:

F-67/05 Michail v Commission [2007] ECR-SC I-A-1-0000 and II-A-1-0000, para. 33