AY v Council (French Text) (Fonction publique) [2012] EUECJ F-23/11 (08 February 2012)

AY v Council (French Text) (Fonction publique) [2012] EUECJ F-23/11 (08 February 2012)

The Council committed an error of law by failing to consider the applicant's certification, which constitutes professional development, as part of the comparative assessment of merits required for promotion under Article 45 of the Staff Regulations. This omission invalidated the decision not to promote the applicant.

Source-derived case information.

Citation
[2012] EUECJ F-23/11
Parties
Applicant: AY; Respondent: Council of the European Union
Jurisdiction
European Union
Procedural Posture
Public Service Employment Dispute / Judgment on Merits at First Instance
Outcome
Application partially upheld; decision not to promote annulled; other claims rejected.
Legal Topics
Promotion of Officials, Comparative Assessment of Merits, Professional Development, Certification, Error of Law, Equality of Treatment
European Union Law Employment Law Administrative Law Promotion of Officials Comparative Assessment of Merits Professional Development Certification Error of Law +1 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

AY

Applicant

Council of the European Union

Respondent

Procedural Posture

Public Service Employment Dispute / Judgment on Merits at First Instance

  1. 1 Whether the Council erred in law by failing to consider the applicant's professional development and certification in the comparative assessment for promotion under Article 45 of the Staff Regulations.
  2. 2 Whether the decision not to promote the applicant was vitiated by a failure to consider relevant merits, in breach of the applicable legal framework.

Ratio Decidendi

The Council committed an error of law by failing to consider the applicant's certification, which constitutes professional development, as part of the comparative assessment of merits required for promotion under Article 45 of the Staff Regulations. This omission invalidated the decision not to promote the applicant.

Court Disposition

Application partially upheld; decision not to promote annulled; other claims rejected.

Orders

  • The decision refusing to promote AY to grade AST 9 for the 2010 promotion exercise is annulled.
  • No ruling on subsidiary claims.