(Temporary staff — Promotion to Grade A 3 — Staff of the Parliamentary Group of the European Socialist Parties)

Full text in French II - 0000

Application: firstly, for annulment of the decision taken at the meeting of the Bureau of the ESP Parliamentary Group on 6 and 7 March 2001 appointing two persons to Grade A 3 and, secondly, for compensation in respect of the harm suffered by the applicant as a result of the promotion.

Held: The decision of the Bureau of the Parliamentary Group of the European Socialist Parties, adopted at its meeting on 6 and 7 March 2001, promoting Ms F. and Mr M. to Grade A 3 with effect from 1 March 2001 is annulled. The Parliament is ordered to pay the costs.

Summary

(Staff Regulations, Art. 91)

(Staff Regulations, Art. 45(1))

(Staff Regulations, Art. 45(1); Internal rules of the European Parliament on the recruitment of officials and other servants and movement from one category or service to another, Art. 10, first sentence)

5. Officials – Appeals – Action for compensation – Annulment of the contested unlawful act – Adequate compensation for non-pecuniary damage

(Staff Regulations, Art. 91)

(see para. 32)

(see para. 50)

(see para. 55)

(see para. 73)

5. The annulment of an act which has been challenged in itself constitutes appropriate and, as a rule, sufficient reparation for any non-material harm which the applicant may have suffered, particularly in the absence of any negative assessment in the contested decision of the applicant’s abilities likely to cause him damage.

(see para. 79)

See: C-343/87 Culin v Commission [1990] ECR I-225, paras 25 to 29; T-37/89 Hanning v Parliament [1990] ECR II-463, para. 83; T-60/94 Pierrat v Court of Justice [1995] ECR-SC I-A-23 and II-77, para. 62; T-282/97 and T-57/98 Giannini v Commission [1999] ECR-SC I-A-33 and II-151, para. 40