Language of document :

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


Applicant: Eugène Émile Kimman (Overijse, Belgium) (represented by: L. Levi, lawyer)

Defendant: European Commission (represented by: G. Berscheid and P. Pecho, acting as Agents)


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.