(Civil service – Officials – Promotion – Omission from the list of officials promoted – 2005 promotion procedure – Promotion points – Merit – Seniority – Plea of illegality – Admissibility)

Application: brought under Articles 236 EC and 152 EA, in which Mr Liotti seeks, principally, annulment of the list of officials promoted in the 2005 promotion procedure, in so far as that list does not include his name, and, in the alternative, annulment of the decision allocating him promotion points in that procedure.

Held: The action is dismissed as partly manifestly inadmissible and partly manifestly unfounded. Each party is to bear its own costs.

Summary

Officials – Actions – Act adversely affecting an official – Proposal by a Promotion Committee concerning the award of promotion points – Not included

(Staff Regulations, Arts 25, second para., 45, 90 and 91)

A proposal by a Promotion Committee to award different categories of promotion points under a promotion system introduced by an internal regulation of the Commission does not constitute an act adversely affecting an official. Promotion Committees have no power to take decisions concerning the allocation of promotion points. Consequently, although the second paragraph of Article 25 of the Staff Regulations requires that any decision adversely affecting a member of staff must state the grounds on which it is based, that does not apply to such a proposal from a Promotion Committee in respect of an official who has not been promoted.

(see para. 50)