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.
____________1 OJ C 180, 27.7.2012.