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Case T-366/15 P: Judgment of the General Court of 14 December 2016 — Todorova Androva v Council and Others (Appeal — Civil Service — Officials — Promotion — 2011 promotion procedure — Non-inclusion on the list of officials eligible for promotion — Action at first instance dismissed — Article 45 of the Staff Regulations — Clause 4 of the Framework Agreement on fixed- term work concluded by ETUC, UNICE and CEEP — Equal treatment — Obligation to state reasons — Burden of proof — Obligation on the court hearing the substantive application to investigate — Plea of illegality — Rule of correspondence between the complaint and the action before the EU Courts)
ECLI:EU:UNKNOWN:62015TA0366
62015TA0366
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Official Journal of the European Union
C 38/30
(Case T-366/15 P) (<span class="super note-tag">1</span>)
((Appeal - Civil Service - Officials - Promotion - 2011 promotion procedure - Non-inclusion on the list of officials eligible for promotion - Action at first instance dismissed - Article 45 of the Staff Regulations - Clause 4 of the Framework Agreement on fixed- term work concluded by ETUC, UNICE and CEEP - Equal treatment - Obligation to state reasons - Burden of proof - Obligation on the court hearing the substantive application to investigate - Plea of illegality - Rule of correspondence between the complaint and the action before the EU Courts))
(2017/C 038/41)
Language of the case: French
Parties
Appellant: Viara Todorova Androva (Rhode-Saint-Genèse, Belgium) (represented by: M. Velardo, lawyer)
Other parties to the proceedings: Council of the European Union (represented by: M. Bauer and M. Veiga, acting as Agents); European Commission (represented by: initially, J. Currall, G. Gattinara and A.-C. Simon, and subsequently G. Gattinara and A.-C. Simon, acting as Agents) and Court of Auditors (represented by: N. Scarfato, acting as Agent)
Intervener in support of the Council of the European Union: European Parliament (represented by: D. Nessaf and M. Dean, acting as Agents)
Re:
Appeal brought against the judgment of the Civil Service Tribunal of the European Union (Second Chamber) of 29 April 2015, Todorova Androva v Council (F-78/12, EU:F:2015:37), seeking to have that judgment set aside.
Operative part of the judgment
The Court:
1.Dismisses the appeal;
2.Orders Ms Viara Todorova Androva to bear her own costs and to pay those incurred by the Council of the European Union and the European Commission;
3.Orders the European Parliament to bear its own costs.
(<span class="note">1</span>) OJ C 337, 12.10.2015.