Ribeiro Sinde Monteiro v EEAS (Judgment) French Text [2015] EUECJ F-51/14 (18 March 2015)

Ribeiro Sinde Monteiro v EEAS (Judgment) French Text [2015] EUECJ F-51/14 (18 March 2015)

The SEAE's promotion procedure failed to ensure an objective and equal comparative assessment of all eligible officials' merits, as required by Article 45(1) of the Staff Regulations, due to exclusive reliance on subjective, qualitative appraisals and a filtering process that excluded some officials from full...

Source-derived case information.

Citation
[2015] EUECJ F-51/14
Parties
Applicant: Manuel Jaime Ribeiro Sinde Monteiro; Respondent: Service européen pour l’action extérieure (SEAE)
Jurisdiction
European Union
Procedural Posture
Public Service Employment Dispute / Judgment at First Instance
Outcome
application partially upheld
Legal Topics
Promotion of EU Officials, Comparative Assessment of Merits, Objectivity in Performance Evaluation, Procedural Fairness
European Union Law Public Service Law Promotion of EU Officials Comparative Assessment of Merits Objectivity in Performance Evaluation Procedural Fairness

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Parties

Manuel Jaime Ribeiro Sinde Monteiro

Applicant

Service européen pour l’action extérieure (SEAE)

Respondent

Procedural Posture

Public Service Employment Dispute / Judgment at First Instance

  1. 1 Whether the SEAE's promotion procedure violated Article 45(1) of the Staff Regulations by failing to conduct an effective comparative assessment of all eligible officials' merits.
  2. 2 Whether the exclusive use of qualitative, non-numeric performance appraisals prevented objective and equal comparison of candidates' merits.

Ratio Decidendi

The SEAE's promotion procedure failed to ensure an objective and equal comparative assessment of all eligible officials' merits, as required by Article 45(1) of the Staff Regulations, due to exclusive reliance on subjective, qualitative appraisals and a filtering process that excluded some officials from full consideration. This procedural defect invalidated the decision not to promote the applicant.

Court Disposition

application partially upheld

Orders

  • The decision of 9 October 2013 establishing the list of promoted officials is annulled insofar as it excludes Mr. Ribeiro Sinde Monteiro.
  • No ruling is made on the remainder of the application.