ORDER OF THE CIVIL SERVICE TRIBUNAL (Second Chamber)

2 July 2007

Case F-117/05

Carlos Sanchez Ferriz

v

Commission of the European Communities

(Civil service – Officials – Promotion – Failure to include on the list of officials promoted – 2004 promotion procedure – Priority points – Merit – Seniority – Admissibility)

Application: brought under Articles 236 EC and 152 EA, in which Mr Sanchez Ferriz seeks, principally, annulment of the Commission’s decision of 30 November 2004 drawing up the list of officials promoted in the 2004 promotion procedure, in so far as that list does not include his name, and, in the alternative, annulment of the decision allocating priority points under that year’s procedure.

Held: The action is dismissed in part as manifestly inadmissible and in part as manifestly unfounded. The parties are to bear their own costs.

Summary

Officials – Actions – Interest in bringing proceedings

(Staff Regulations, Arts 90 and 91)

An official is not entitled to act in the interests of the law or of the institutions and may put forward, in support of an action for the annulment of a measure, only such claims as relate to him personally. An action brought by an official seeking annulment of the list of officials promoted to the higher grade in a promotion procedure because that list does not contain the applicant’s name is therefore inadmissible where the applicant has not shown why he has a personal interest in bringing the action, and has merely relied on the unlawfulness of certain categories of promotion points, without providing in his written submissions any specific information about his personal situation with regard to the promotion year in question, such as, in particular, the number of promotion points that he received in those categories. Such a finding cannot be called into question by the fact that the number of those promotion points is apparent from documents attached to the defence, since it is for the applicant to establish, in his written submissions, that he has an interest in bringing proceedings and, if appropriate, to refer to the corresponding evidence provided in an annex.

(see paras 31-32)

See:

85/82 Schloh v Council [1983] ECR 2105, para. 14

T-436/04 Sanchez Ferriz v Commission [2006] ECR-SC I‑A‑2‑273 and II‑A‑2‑1423, para. 35; judgment of 23 November 2006 in T-422/04 Lavagnoli v Commission, not published in the ECR