Language of document : ECLI:EU:F:2011:103

(First Chamber)

5 July 2011

Case F-38/11

Gianluigi Alari


European Parliament

(Civil service – Officials – Promotion – 2009 promotion exercise – Transfer from one institution to another during promotion exercise in which the official would have been promoted in his institution of origin – Institution with competence to decide on promotion of the transferred official)

Application:      brought under Article 270 TFEU, applicable to the EAEC Treaty pursuant to Article 106a thereof, in which Mr Alari seeks annulment of the Parliament’s decision not to promote him to grade AD 7 in the 2009 promotion exercise.

Held:      The action is dismissed as manifestly lacking any foundation in law. The Parliament is ordered to pay the applicant’s costs and to bear its own costs.


Officials – Promotion – Consideration of comparative merits – Inter-institutional transfer during the promotion exercise – Competence of the institution of origin to decide on promotion

(Staff Regulations, Art. 45)

In accordance with the requirements of Article 45 of the Staff Regulations, where an official is eligible for promotion in the course of the year during which he is transferred, the appointing authority competent to decide on his promotion is that of the institution of origin.

Article 45 of the Staff Regulations states that promotion is effected after consideration of the comparative merits of the officials eligible for promotion and that, when considering their comparative merits, the appointing authority takes account in particular of the reports on the officials concerned.

In order to decide whether an official should be promoted with retroactive effect to 1 January of the year N (or even, more generally, during year N), the appointing authority of the institution to which he has transferred can only, in practice, compare the past merits of officials, in particular during the year N‑1 (and in the light of the assessment reports on the performance of those officials during the years N‑1 and earlier). To that end, it is necessary to compare the merits of the officials transferred with those of the officials who were still their colleagues during the year prior to their transfer, and that assessment can only legitimately be conducted by the institution of origin.

(see paras 26, 27, 31)