JUDGMENT OF THE EUROPEAN UNION CIVIL SERVICE TRIBUNAL
(Single Judge)

27 October 2015

Case F‑81/14

Vassilliki Labiri

v

Committee of the Regions of the European Union

(Civil service — Officials — 2013 promotion procedure — Decision not to promote the applicant — Article 45(1) of the Staff Regulations — Comparison of merits)

Application:      under Article 270 TFEU, by which Ms Labiri seeks annulment of the decision of the Committee of the Regions of the European Union, disclosed by a staff communication of 9 October 2013 publishing the list of officials promoted to grade AD 13 in the 2013 promotion exercise, not to promote her to grade AD 13 in that exercise.

Held:      The action is dismissed. Ms Labiri is to bear her own costs and is ordered to pay the costs incurred by the Committee of the Regions of the European Union.

Summary

Actions brought by officials — Purpose — Directions to the administration — Statements of law — Inadmissibility

(Staff Regulations, Art. 91)

The EU judicature has no power to give directions to the institutions. In an action brought under Article 91 of the Staff Regulations, heads of claim requesting the Civil Service Tribunal to address directions to the administration or to recognise the validity of certain pleas in law relied on in support of a claim for annulment are manifestly inadmissible, since it is not for the EU judicature to issue directions to the institutions of the Union or to make statements of law. That applies to claims requesting the Civil Service Tribunal to establish the existence of certain facts and to instruct the administration to adopt measures such as to reinstate the person concerned in their rights.

(see paras 19, 20)

See:

Order of 29 June 2010 in Palou Martínez v Commission, F‑11/10, EU:F:2010:69, paragraphs 29 to 31, and judgment of 5 July 2011 in V v Parliament, F‑46/09, EU:F:2011:101, paragraph 63 and the case-law cited therein