Judgment of the Civil Service Tribunal (Second Chamber) of 29 September 2011 – Kimman v Commission
(Case F-74/10) 1
(Staff cases – Civil servants – Article 43 of the Staff Regulations – Article 45 of the Staff Regulations – 2009 appraisal – Classification in a level of performance – Decision awarding promotion points – Appraisal report – Opinion of the ad hoc group – Infringement of the duty to give reasons – Plea raised of its own motion – Burden of proof)
Language of the case: French
Parties
Applicant: Eugène Émile Kimman (Overijse, Belgium) (represented by: L. Levi, lawyer)
Defendant: European Commission (represented by: G. Berscheid and P. Pecho, acting as Agents)
Re:
Application to annul the applicant’s staff report for 2008
Operative part of the judgment
The Tribunal:
Dismisses the action;
Orders the European Commission to bear a quarter of the applicant’s costs, in addition to its own costs;
Orders the applicant to pay three quarters of his own costs.
____________1 OJ C 301, 6.11.2010, p. 63.