JUDGMENT OF THE EUROPEAN UNION CIVIL SERVICE TRIBUNAL
(Third Chamber)

26 March 2015

Case F‑32/14

DO

v

European Securities and Markets Authority (ESMA)

(Civil service — ESMA staff — Temporary staff — Non-renewal of contract — Staff report — Delay in drawing up staff report — Inconsistency of general and specific assessments)

Application:      under Article 270 TFEU, in which DO asks the Tribunal (i) to annul the decision of the European Securities and Markets Authority (ESMA) of 13 August 2013 not to renew her temporary contract, which expired on 15 February 2014, and to annul her staff reports for the years 2011 and 2012, and (ii) to order ESMA to pay compensation for the non-material damage which she claims to have suffered.

Held:      The action is dismissed. DO is to bear her own costs and is ordered to pay the costs incurred by the European Securities and Markets Authority.

Summary

Officials — Reports procedure — Staff report — Judicial review — Limits

(Staff Regulations, Art. 43)

It is not for the EU judicature, save in the case of factual errors, manifest error of assessment or misuse of powers, to review the merits of the assessment made by the administration of the professional abilities of an official where it involves complex value judgments which, by their very nature, are not amenable to objective verification.

In particular, it is not for the Civil Service Tribunal to substitute its appraisal for that of the persons responsible for assessing the person under appraisal, as the administration has a wide discretion when assessing the work of its officials.

(see para. 64)

See:

Judgment in Cwik v Commission, T‑96/04, EU:T:2005:376, para. 41 and the case‑law cited therein

Judgment in Nastvogel v Council, F‑4/10, EU:F:2011:134, para. 32