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Case F-74/10: Judgment of the Civil Service Tribunal (Second Chamber) of 29 September 2011 — Kimman v Commission (Staff cases — Civil servants — Article 43 of the Staff Regulations — Article 45 of the Staff Regulations — 2009 appraisal — Classification in a level of performance — Decision awarding promotion points — Appraisal report — Opinion of the ad hoc group — Infringement of the duty to give reasons — Plea raised of its own motion — Burden of proof)
ECLI:EU:UNKNOWN:62010FA0074
62010FA0074
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12.5.2012
Official Journal of the European Union
C 138/24
(Case F-74/10) (*)
(Staff cases - Civil servants - Article 43 of the Staff Regulations - Article 45 of the Staff Regulations - 2009 appraisal - Classification in a level of performance - Decision awarding promotion points - Appraisal report - Opinion of the ad hoc group - Infringement of the duty to give reasons - Plea raised of its own motion - Burden of proof)
(2012/C 138/47)
Language of the case: French
Parties
Applicant: Eugène Émile Kimman (Overijse, Belgium) (represented by: L. Levi, lawyer)
Defendant: European Commission (represented by: G. Berscheid and P. Pecho, acting as Agents)
Re:
Application to annul the applicant’s staff report for 2008
Operative part of the judgment
The Tribunal:
1.Dismisses the action;
2.Orders the European Commission to bear a quarter of the applicant’s costs, in addition to its own costs;
3.Orders the applicant to pay three quarters of his own costs.
(*) Language of the case: French.
(1) OJ C 301, 6.11.2010, p. 63.