JUDGMENT OF THE CIVIL SERVICE TRIBUNAL (Second Chamber)

22 November 2007

Case F-67/05

Christos Michail

v

Commission of the European Communities

(Civil service – Officials – Appraisal – Career development report – 2003 appraisal – Action for annulment – Action for damages)

Application: brought under Articles 236 EC and 152 EA, in which Mr Michail seeks annulment of his career development report for the period from 1 April to 31 December 2003, annulment of the decision of 15 April 2005 rejecting his complaint against the 2003 career development report, and an order for the Commission to pay him compensation of EUR 90 000 for the non-material harm he alleges he has suffered.

Held: The applicant’s career development report for the period from 1 April to 31 December 2003 is annulled. The remainder of the application is dismissed. The Commission is ordered to pay the costs.

Summary

Officials – Reports procedure – Career development report

(Staff Regulations, Art. 43)

Article 43 of the Staff Regulations and Article 1(2) of the General Provisions for Implementing Article 43 of the Staff Regulations, adopted by the Commission, must be interpreted as preventing the administration from awarding a merit mark to an official who has not been entrusted with any duties. While the award of a mark intended to evaluate an official’s achievements and individual performance in the light of the results to be attained is an obligation where the official has been assigned particular duties, it is not, by contrast, appropriate to make such an award where the official concerned has not been entrusted with any duty capable of being assessed. Consequently, where the official reported on, although working, has not been entrusted with any duty capable of being assessed during the reference period, the career development report must be annulled. That annulment means that the administration must seek a suitable way of mitigating the absence of a merit mark, by awarding an appropriate number of points.

(see paras 30-31, 33-34)