JUDGMENT OF THE GENERAL COURT (Appeal Chamber)

19 November 2009

Case T-49/08 P

Christos Michail

Commission of the European Communities

(Appeal – Cross-appeal – Civil service – Officials – Reports procedure – Career development report – 2003 assessment period – Award of a merit mark in the absence of tasks to be carried out – Non-material loss – Duty of the Civil Service Tribunal to state reasons)

Appeal: against the judgment of the European Union Civil Service Tribunal (Second Chamber) of 22 November 2007 in Case F-76/05 Michail v Commission [2007] ECR-SC I-A-1-0000 and II-A-1-0000, seeking the setting aside of that judgment. Cross-appeal lodged by the Commission of the European Communities against the abovementioned judgment.

Held: The judgment of the European Union Civil Service Tribunal (Second Chamber) of 22 November 2007 in Case F-76/05 Michail v Commission [2007] ECR-SC I-A-1-0000 and II-A-1-0000, is set aside. The case is referred back to the Civil Service Tribunal. The costs are reserved.

Summary

1. Appeal – Cross-appeal – Time-limit for lodging

(Rules of Procedure of the General Court, Art. 141(1))

2. Officials – Reports procedure – Career development report – Drawing up

(Staff Regulations, Arts 43 and 110)

3. Officials – Principles – Administration's duty to have regard for the interests of officials – Scope

(Staff Regulations, Arts 43 and 110)

4. Officials – Actions – Actions for damages – Annulment of the illegal act in dispute – Non-material damage which is separable from the unlawfulness and is incapable of being entirely repaired by that annulment

(Staff Regulations, Art. 91)

1. The only time-limit to which a cross-appeal is subject is that provided for in Article 141(1) of the Rules of Procedure of the General Court for lodging a response, namely two months after service of the notice of appeal.

(see para. 38)

See: C‑136/92 P Commission v Brazzelli Lualdi and Others [1994] ECR I‑1981, para. 72

2. The career development report is an essential document in the appraisal of staff employed by the institutions, since it enables an assessment to be made of an official’s ability, efficiency and conduct, in accordance with Article 43 of the Staff Regulations. Such an appraisal does not merely describe the tasks performed during the relevant period, but also includes an assessment of the abilities and personal and social qualities shown by the individual assessed in the conduct of his professional life. The report thus constitutes a value judgement by the immediate superiors of the official being appraised on the manner in which he has performed the duties conferred on him and on his conduct in the service during the relevant period. In the drawing-up of the report, therefore, the award of a merit mark based on an assessment of the ability, efficiency and conduct in the service of the official in question, in accordance with Article 43 of the Staff Regulations and Article 1(2) of the general implementing provisions for Article 43 of the Staff Regulations, adopted by the Commission, presupposes that the official was given tasks to be performed during the reference period.

The Commission, like all the Community institutions, has a special obligation of transparency in regard to staff reporting, advancement and promotion of its agents, compliance with which is ensured by means of the formal procedure laid down in Articles 43 and 46 of the Staff Regulations. That procedure requires a career development report to be drawn up at least once every two years as provided for by each institution in accordance with Article 110 of the Staff Regulations. In exceptional circumstance