Loescher v Council (Judgment) French Text [2016] EUECJ F-84/15 (02 March 2016)

Loescher v Council (Judgment) French Text [2016] EUECJ F-84/15 (02 March 2016)

The Tribunal held that the Council's comparative assessment of merits, including the applicant's performance as a trade union representative, was conducted using uniform and objective criteria. The absence of specific rules for officials seconded to unions did not constitute discrimination or breach of equality. The...

Source-derived case information.

Citation
[2016] EUECJ F-84/15
Parties
Applicant: Bernd Loescher; Respondent: Council of the European Union
Jurisdiction
European Union
Procedural Posture
Public Service Employment Dispute / Final Judgment
Outcome
application dismissed
Legal Topics
Promotion of EU Officials, Comparative Assessment of Merits, Trade Union Representation, Equality of Treatment, Judicial Review of Administrative Discretion
European Union Law Employment Law Public Service Law Promotion of EU Officials Comparative Assessment of Merits Trade Union Representation Equality of Treatment Judicial Review of Administrative Discretion

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Parties

Bernd Loescher

Applicant

Council of the European Union

Respondent

Procedural Posture

Public Service Employment Dispute / Final Judgment

  1. 1 Whether the Council erred in not promoting the applicant to grade AD 12 in the 2014 promotion exercise
  2. 2 Whether the Council failed to properly assess the applicant's merits and responsibilities as a trade union representative
  3. 3 Whether the absence of specific rules for assessing officials seconded to trade unions constitutes discrimination or breach of equality

Ratio Decidendi

The Tribunal held that the Council's comparative assessment of merits, including the applicant's performance as a trade union representative, was conducted using uniform and objective criteria. The absence of specific rules for officials seconded to unions did not constitute discrimination or breach of equality. The applicant failed to prove that his responsibilities exceeded those of others promoted or that a manifest error occurred. The decision not to promote was plausible and within the Council's discretion.

Court Disposition

application dismissed

Orders

  • The application is dismissed.
  • Each party shall bear its own costs.