Laroche v Commission (Staff Regulations) French Text [2006] EUECJ T-115/04 (14 September 2006)

Laroche v Commission (Staff Regulations) French Text [2006] EUECJ T-115/04 (14 September 2006)

The Tribunal held that the closure of the applicant's career evaluation report (REC) on 11 June 2003 was unlawful because it occurred before the expiry of the five-day period for the applicant to request an interview with the validator, and while the applicant was on certified sick leave, which required suspension...

Source-derived case information.

Parties
Applicant: Yvonne Laroche; Respondent: Commission des Communautés européennes
Jurisdiction
European Union
Procedural Posture
Annulment Application (staff Regulations) / Judgment at First Instance
Outcome
Application granted; impugned decision annulled
Legal Topics
Staff Regulations, Right to Be Heard, Procedural Fairness, Career Evaluation Reports, Good Administration
European Union Law Employment Law Administrative Law Staff Regulations Right to Be Heard Procedural Fairness Career Evaluation Reports Good Administration

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Yvonne Laroche

Applicant

Commission des Communautés européennes

Respondent

Procedural Posture

Annulment Application (staff Regulations) / Judgment at First Instance

  1. 1 Whether the closure of the applicant's career development report (REC) during sick leave, without opportunity to request an interview with the validator, violated Article 43 of the Staff Regulations and implementing rules (DGE)
  2. 2 Whether the five-day period for contesting the REC was properly computed and respected
  3. 3 Whether the Commission breached principles of good administration, non-discrimination, and prohibition of arbitrary procedure

Ratio Decidendi

The Tribunal held that the closure of the applicant's career evaluation report (REC) on 11 June 2003 was unlawful because it occurred before the expiry of the five-day period for the applicant to request an interview with the validator, and while the applicant was on certified sick leave, which required suspension of the period. The applicant's acknowledgment of receipt of the REC by email did not constitute acceptance, as she expressly reserved her right to respond upon return to work. Therefore, the Commission violated Article 7(5) of the DGE, and the closure decision was annulled.

Court Disposition

Application granted; impugned decision annulled

Orders

  • The Commission's decision of 11 June 2003 to close the applicant's career evaluation report for the 2001/2002 period is annulled.
  • The Commission is ordered to pay the costs.