Pohjanmaki v Council (Judgment) French Text [2015] EUECJ F-44/14 (18 May 2015)

Pohjanmaki v Council (Judgment) French Text [2015] EUECJ F-44/14 (18 May 2015)

The Tribunal found that although there were minor procedural irregularities (missing or unconsulted appraisal reports for short periods), these did not decisively affect the outcome. The Council's comparative assessment of merits was within its discretion, and the applicant's merits were consistently below those...

Source-derived case information.

Citation
[2015] EUECJ F-44/14
Parties
Applicant: Jaana Pohjanmäki; 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, Procedural Fairness, Duty of Care, Equal Treatment, Legitimate Expectations, Motivation of Administrative Decisions
European Union Law Employment Law Administrative Law Promotion of EU Officials Comparative Assessment of Merits Procedural Fairness Duty of Care Equal Treatment +2 more

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Summary, issues, holding and outcome

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Parties

Jaana Pohjanmäki

Applicant

Council of the European Union

Respondent

Procedural Posture

Public Service Employment Dispute / Final Judgment

  1. 1 Whether the Council violated Article 45 of the Staff Regulations in not promoting the applicant
  2. 2 Whether there was a manifest error of assessment or breach of equal treatment
  3. 3 Whether the Council failed to consider all relevant appraisal reports

Ratio Decidendi

The Tribunal found that although there were minor procedural irregularities (missing or unconsulted appraisal reports for short periods), these did not decisively affect the outcome. The Council's comparative assessment of merits was within its discretion, and the applicant's merits were consistently below those promoted. The decision was adequately reasoned, and no breach of duty of care or equal treatment was established.

Court Disposition

Application dismissed

Orders

  • The application is rejected.
  • The applicant bears half her own costs.