Dessi v EIB (Judgment) French Text [2017] EUECJ T-510/16 (19 July 2017)

Dessi v EIB (Judgment) French Text [2017] EUECJ T-510/16 (19 July 2017)

The BEI's internal appeals committee erred in law by requiring the applicant to have completed three years in the same function before being eligible for promotion, as this condition was not present in the applicable 2012 guidelines. The committee's decision was based on an incorrect interpretation of the rules,...

Source-derived case information.

Citation
[2017] EUECJ T-510/16
Parties
Applicant: Nathalie Dessi; Respondent: Banque européenne d’investissement (BEI)
Jurisdiction
European Union
Procedural Posture
Employment Dispute (eu Civil Service) / Judgment on Annulment Application
Outcome
application granted; contested decision annulled
Legal Topics
Promotion Criteria, Internal Appeals, Discrimination, Judicial Review of Internal Decisions
EU Employment Law Administrative Law Promotion Criteria Internal Appeals Discrimination Judicial Review of Internal Decisions

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Parties

Nathalie Dessi

Applicant

Banque européenne d’investissement (BEI)

Respondent

Procedural Posture

Employment Dispute (eu Civil Service) / Judgment on Annulment Application

  1. 1 Whether the BEI's internal appeals committee erred in law by applying a three-year performance condition for promotion
  2. 2 Whether the committee exceeded its powers in its review
  3. 3 Whether the applicant was discriminated against as a staff representative

Ratio Decidendi

The BEI's internal appeals committee erred in law by requiring the applicant to have completed three years in the same function before being eligible for promotion, as this condition was not present in the applicable 2012 guidelines. The committee's decision was based on an incorrect interpretation of the rules, justifying annulment of the contested decision.

Court Disposition

application granted; contested decision annulled

Orders

  • The decision of the BEI appeals committee of 23 October 2013 rejecting Dessi's promotion request is annulled.
  • BEI is ordered to pay the applicant's costs.