Order of the Civil Service Tribunal (First Chamber) of 8 February 2012 – AY v Council
(Case F-23/11)1
(Civil service – Officials – Promotion – 2010 promotion exercise – Consideration of comparative merits – Failure to take into account further training and certification – Error of law)
Language of the case: French
Parties
Applicant: AY (Bousval, Belgium) (represented initially by É. Boigelot and S. Woog, then by É. Boigelot, lawyers)
Defendant: Council of the European Union (represented by: M. Bauer and J. Herrmann, agents)
Re:
Action for annulment of the decision of the Council not to include the applicant in the list of officials promoted to grade AST 9 in the 2010 promotion exercise and compensation for the non-material harm suffered.
Operative part of the order
The Tribunal:
annuls the decision of the Council of the European Union not to promote AY to grade AST 9 in the 2010 promotion exercise;
declares that there is no need to adjudicate on AY’s alternative heads of claim;
dismisses AY’s action as to the remainder;
orders the Council of the European Union to pay all costs.
____________1 OJ 2011 C 226, p. 31.