Judgment of the Court of First Instance of 6 February 2007 - Wunenberger v Commission

(Joined Cases T-246/01 and T-71/05) ¹

(Officials - Staff Reports - Reporting exercises 1997/1999 and 1999/2001 - Career development report - 2001/2002 appraisal procedure - Action for annulment - Admissibility - Action for damages- Rights of the defence)

Language of the case: French

Parties

Applicant: Jacques Wunenberger (Zagreb, Croatia) (represented by: É. Boigelot, lawyer)

Defendant: Commission of the European Communities (represented by: G. Berscheid, H. Krämer and C. Berardis-Kayser, Agents)

Re:

First, actions for annulment of the applicant's draft staff reports for the periods 1997/1999 and 1999/2001 and the applicant's Career Development Report for the 2001/2002 appraisal procedure and, second, claims for damages for the alleged harm.

Operative part of the judgment

The Court:

Annuls the decision of 11 September 2003 definitively approving the applicant's Career Development Report for the period 1 July 2001 to 21 December 2002;

Orders the Commission to pay the applicant the amount of EUR 2 500, in addition to the amount of EUR 2 500 already granted by the Appointing Authority, for the delay in drawing up the staff reports for the periods 1997/1999 and 1999/2001, and the symbolic amount of EUR 1 for the delay in drawing up the Career Development Report for the period 2001/2002;

Dismisses the remainder of the actions;

Orders the Commission to pay the costs.

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¹ - OJ C 217, 28.8.2004.