Judgment of the General Court of 8 October 2013 – Council v AY

(Case T-167/12 P) ¹

(Appeal – Civil service – Officials – Promotion –2010 promotion procedure – Consideration of comparative merits – Professional development – Success at examinations in the training programme for AST function group officials in the certification procedure for access to the AD function group – Distortion of evidence)

Language of the case: French

Parties

Appellant: Council of the European Union (represented by: M. Bauer and A. Jensen, acting as Agents)

Other party: AY (Bousval, Belgium) (represented by: É. Boigelot, lawyer)

Re:

Appeal brought against the judgment of the Civil Service Tribunal of the European Union (First Chamber) of 8 February 2012, Case F-23/11 AY v Council (not yet published in the ECR), and seeking the partial annulment of that judgment.

Operative part of the judgment

The Court:

Annuls the judgment of the Civil Service Tribunal of the European Union (First Chamber) of 8 February 2012, Case F-23/11 AY v Council, in so far as the Civil Service Tribunal annulled the decision by which the Council of the European Union refused to promote AY to AST grade 9 pursuant to the 2010 promotion procedure and in so far as it ordered the Council to pay all of the costs (points 1 and 4 of the operative part of that judgment).

Refers the case back to the Civil Service Tribunal.

Reserves the costs.

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¹ OJ C 180, 27.7.2012.