Judgment of the Court of First Instance of 13 December 2005 - Cwik v Commission

(Joined Cases T-155/03, T-157/03 and T-331/03) ¹

(Officials - Staff report - Promotion exercises 1995/1997, 1997/1999 and 1999/2001 - Actions for annulment - Drawing-up successive staff reports at the same time - Procedural irregularities - Lateness - Personal file - Manifest error of assessment - Misuse of powers - Inconsistency of the statement of reasons - Compensation for damage suffered - Material damage - Non-material damage)

Language of the case: French

Parties

Applicant: Michael Cwik (Tervuren, Belgium) (represented by: N. Lhoëst and E. de Schietere de Lophem, lawyers)

Defendant: Commission of the European Communities (represented by: J. Currall and L. Lozano Palacios, Agents)

Application for

Firstly, annulment of the Commission decisions drawing-up the definitive version of the applicant's staff reports for the periods running from 1 July 1995 to 30 June 1997, from 1 July 1997 to 30 June 1999 and from 1 July 1999 to 30 June 2001 and, so far as necessary, the Commission decisions rejecting the applicant's complaints as to those reports, and, secondly, compensation for the material and non-material damage alleged.

Operative part of the judgment

The Court:

Annuls the Commission decisions drawing-up the definitive version of the applicant's staff reports for the periods 1995/1997 and 1997/1999 and the Commission decisions rejecting the applicant's complaints as to those staff reports;

Orders the Commission to pay the applicant the sum of EUR 2 000 by way of damages;

Dismisses the remainder of the actions;

In Cases T-155/03 and T-157/03, orders the Commission to pay the costs;

In Case T-331/03, orders the Commission to bear its own costs and to pay half the applicant's costs.

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¹ - OJ C 171, 19.7.2003.