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Case T-511/18: Judgment of the General Court of 25 June 2020 — XH v Commission (Civil service — Officials — Promotion — 2017 promotion exercise — Decision not to promote — Clarity and precision of a plea in law in the application — Rule requiring correspondence — Challenge of definitive acts — Admissibility — Article 45 of the Staff Regulations — Interim probation report — End-of-probation report — Appraisal report — Factors taken into account for the consideration of the comparative merits — Regularity of the procedure — Liability — Non-material damage)
ECLI:EU:UNKNOWN:62018TA0511
62018TA0511
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Official Journal of the European Union
C 271/33
(Case T-511/18) (<span class="oj-super oj-note-tag">1</span>)
(Civil service - Officials - Promotion - 2017 promotion exercise - Decision not to promote - Clarity and precision of a plea in law in the application - Rule requiring correspondence - Challenge of definitive acts - Admissibility - Article 45 of the Staff Regulations - Interim probation report - End-of-probation report - Appraisal report - Factors taken into account for the consideration of the comparative merits - Regularity of the procedure - Liability - Non-material damage)
(2020/C 271/42)
Language of the case: English
Parties
Applicant: XH (represented by: E. Auleytner, lawyer)
Defendant: European Commission (represented by: L. Radu Bouyon and L. Vernier, acting as Agents)
Re:
Application under Article 270 TFEU, seeking (i) annulment of the decision, published in Administrative Notices No 25-2017 of 13 November 2017, not to include the applicant’s name in the list of officials promoted in the 2017 promotion exercise and annulment of Decision R/96/18 of 7 June 2018 rejecting the applicant’s complaint of 10 February 2018 and (ii) compensation for the damage allegedly suffered as a result of those decisions.
Operative part of the judgment
The Court:
1.Annuls the decision not to promote XH to grade AD 6 in the 2017 promotion exercise, which is apparent from the publication, in Administrative Notices No 25-2017 of 13 November 2017, of the list of officials promoted to that grade;
2.Orders the European Commission to pay to XH the sum of EUR 2 000 as compensation for the non-material damage that she has suffered;
3.Dismisses the action as to the remainder;
4.Orders the Commission to pay the costs.
*
Language of the case: English.
(1) OJ C 131, 8.4.2019.
ECLI:EU:C:2020:140