ORDER OF THE CIVIL SERVICE TRIBUNAL

(Second Chamber)

16 April 2007

Case F-82/05

Michel Thierry

v

Commission of the European Communities

(Officials – Promotion – Non‑inclusion in the list of officials promoted – 2004 promotion procedure – Priority points – Merit – Length of service – Admissibility)

Application: brought under Articles 236 EC and 152 EA, in which Mr Thierry seeks, principally, annulment of the list of officials promoted under the 2004 promotion procedure (published in Administrative Notices No 130-2004 of 30 November 2004), in so far as that list does not include the applicant’s name.

Held: The action is dismissed in part as manifestly inadmissible and in part as manifestly unfounded. Each party is to bear its 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 for a given year 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 30, 33)

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; T-422/04 Lavagnoli v Commission, of 23 November 2006, not published in the ECR, para. 31