Conseil / Stols (Staff Regulations) French Text [2010] EUECJ T-175/09 (16 December 2010)

Conseil / Stols (Staff Regulations) French Text [2010] EUECJ T-175/09 (16 December 2010)

The Tribunal of the Civil Service committed a manifest error of law by distorting evidence and substituting its own assessment for that of the appointing authority, thereby exceeding the limits of judicial review and failing to properly motivate its decision. The appeal is allowed, the judgment annulled, and the...

Source-derived case information.

Citation
[2010] EUECJ T-175/09
Parties
Appellant: Conseil de l’Union européenne; Respondent: Willem Stols
Jurisdiction
European Union
Procedural Posture
Appeal / Judgment on Appeal, Remand to Lower Tribunal
Outcome
appeal allowed, judgment annulled, case remanded
Legal Topics
Promotion of EU Officials, Comparative Assessment of Merits, Manifest Error of Assessment, Evidence Distortion, Judicial Review Limits
Administrative Law Employment Law European Union Law Promotion of EU Officials Comparative Assessment of Merits Manifest Error of Assessment Evidence Distortion Judicial Review Limits

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Summary, issues, holding and outcome

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Parties

Conseil de l’Union européenne

Appellant

Willem Stols

Respondent

Procedural Posture

Appeal / Judgment on Appeal, Remand to Lower Tribunal

  1. 1 Did the Tribunal of the Civil Service commit a manifest error of assessment in reviewing the comparative merits for promotion?
  2. 2 Did the Tribunal distort evidence or substitute its own assessment for that of the appointing authority?
  3. 3 Was the obligation to state reasons violated?

Ratio Decidendi

The Tribunal of the Civil Service committed a manifest error of law by distorting evidence and substituting its own assessment for that of the appointing authority, thereby exceeding the limits of judicial review and failing to properly motivate its decision. The appeal is allowed, the judgment annulled, and the case remanded for further consideration.

Court Disposition

appeal allowed, judgment annulled, case remanded

Orders

  • The judgment of the Tribunal of the Civil Service of 17 February 2009 is annulled.
  • The case is remanded to the Tribunal of the Civil Service for further proceedings.