FV v Council (Judgment) French Text [2021] EUECJ C-877/19P (15 April 2021)

FV v Council (Judgment) French Text [2021] EUECJ C-877/19P (15 April 2021)

The Court found that the General Court's reasoning was sufficient and that no manifest error or breach of the duty of care occurred. The applicant's arguments were either unfounded, inoperative, or inadmissible. The appeal was therefore rejected in its entirety.

Source-derived case information.

Citation
[2021] EUECJ C-877/19P
Parties
Applicant: FV; Respondent: Council of the European Union
Jurisdiction
European Union
Procedural Posture
Appeal (pourvoi) / Judgment on Appeal From General Court (tribunal)
Outcome
Appeal dismissed; applicant condemned to costs.
Legal Topics
Annulment Proceedings, Staff Appraisal Reports, Duty of Care, Manifest Error of Assessment, Motivation of Decisions
European Union Law Public Service Law Annulment Proceedings Staff Appraisal Reports Duty of Care Manifest Error of Assessment Motivation of Decisions

Source-derived case record

Summary, issues, holding and outcome

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Parties

FV

Applicant

Council of the European Union

Respondent

Procedural Posture

Appeal (pourvoi) / Judgment on Appeal From General Court (tribunal)

  1. 1 Whether the General Court erred in law in its assessment of the applicant's staff reports, particularly regarding the 'sense of responsibility' criterion and the duty of care owed by the administration.

Ratio Decidendi

The Court found that the General Court's reasoning was sufficient and that no manifest error or breach of the duty of care occurred. The applicant's arguments were either unfounded, inoperative, or inadmissible. The appeal was therefore rejected in its entirety.

Court Disposition

Appeal dismissed; applicant condemned to costs.

Orders

  • The appeal is rejected.
  • FV is ordered to bear her own costs and those of the Council.