Colombani v EEAS (Judgment) French Text [2019] EUECJ T-372/18 (10 October 2019)

Colombani v EEAS (Judgment) French Text [2019] EUECJ T-372/18 (10 October 2019)

The SEAE's promotion procedure for 2017, based solely on exclusively literal staff reports without objective or comparable elements, did not allow for a fair and equal comparison of merits as required by Article 45 of the Staff Regulations. The absence of a method to objectify and standardize evaluations rendered...

Source-derived case information.

Citation
[2019] EUECJ T-372/18
Parties
Applicant: Jean-Marc Colombani; Respondent: Service européen pour l’action extérieure (SEAE)
Jurisdiction
European Union
Procedural Posture
Annulment Action (eu Staff Case) / Final Judgment
Outcome
application granted
Legal Topics
Promotion of EU Officials, Comparative Assessment of Merits, Objectivity in Staff Evaluation, Annulment of Administrative Decisions
EU Administrative Law EU Civil Service Law Promotion of EU Officials Comparative Assessment of Merits Objectivity in Staff Evaluation Annulment of Administrative Decisions

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Parties

Jean-Marc Colombani

Applicant

Service européen pour l’action extérieure (SEAE)

Respondent

Procedural Posture

Annulment Action (eu Staff Case) / Final Judgment

  1. 1 Whether the SEAE's promotion procedure for 2017 violated Article 45 of the Staff Regulations by failing to ensure an objective and comparable assessment of merits.
  2. 2 Whether the use of exclusively literal (non-numeric) staff reports precludes a fair comparison of candidates' merits.

Ratio Decidendi

The SEAE's promotion procedure for 2017, based solely on exclusively literal staff reports without objective or comparable elements, did not allow for a fair and equal comparison of merits as required by Article 45 of the Staff Regulations. The absence of a method to objectify and standardize evaluations rendered the process unlawful, warranting annulment of the contested decision.

Court Disposition

application granted

Orders

  • The decision ADMIN(2017) 21 of the SEAE of 9 November 2017 not to promote Jean-Marc Colombani to grade AD 14 is annulled.
  • The SEAE is ordered to pay all costs.