Paraskevaidis v Cedefop (Judgment) French Text [2017] EUECJ T-601/16 (26 October 2017)

Paraskevaidis v Cedefop (Judgment) French Text [2017] EUECJ T-601/16 (26 October 2017)

The Tribunal found that the decision not to promote the applicant was not accompanied by any motivation, nor was the subsequent rejection of his complaint. The context did not provide sufficient information for the applicant to understand the reasons for the decision. This constituted a breach of the obligation to...

Source-derived case information.

Citation
[2017] EUECJ T-601/16
Parties
Applicant: Georges Paraskevaidis; Respondent: Centre européen pour le développement de la formation professionnelle (Cedefop)
Jurisdiction
European Union
Procedural Posture
Public Service Employment Dispute / Judgment at First Instance
Outcome
Decision annulled in part; partial award of damages; remainder of claims rejected
Legal Topics
Promotion of EU Officials, Obligation to State Reasons, Administrative Procedure, Non Contractual Liability, Good Administration
European Union Law Public Service Law Promotion of EU Officials Obligation to State Reasons Administrative Procedure Non Contractual Liability Good Administration

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Parties

Georges Paraskevaidis

Applicant

Centre européen pour le développement de la formation professionnelle (Cedefop)

Respondent

Procedural Posture

Public Service Employment Dispute / Judgment at First Instance

  1. 1 Whether the decision not to promote the applicant to grade AD 12 was sufficiently motivated
  2. 2 Whether the lack of motivation violated Articles 44 and 45 of the Staff Regulations and principles of equal treatment and legitimate expectations
  3. 3 Whether the applicant is entitled to compensation for material and moral damages

Ratio Decidendi

The Tribunal found that the decision not to promote the applicant was not accompanied by any motivation, nor was the subsequent rejection of his complaint. The context did not provide sufficient information for the applicant to understand the reasons for the decision. This constituted a breach of the obligation to state reasons, a fundamental principle of EU law. As a result, the decision was annulled. The Tribunal awarded the applicant 2,000 euros for moral damage caused by the lack of motivation but rejected other claims for compensation, as the Tribunal could not assess the merits of the promotion decision itself due to the lack of motivation.

Court Disposition

Decision annulled in part; partial award of damages; remainder of claims rejected

Orders

  • The decision of 4 November 2015 not to promote Mr. Paraskevaidis to grade AD 12 is annulled.
  • Cedefop is ordered to pay Mr. Paraskevaidis 2,000 euros for moral damage.