Avis juridique important

61988J0104

European Court reports 1989 Page 01873 Pub.RJ Page Pub somm

Summary

1 . Officials - Promotion - Statement of reasons - Obligation - None

( Staff Regulations of Officials, Art . 45 )

( Staff Regulations of Officials, Art . 45 )

Summary

1 . The appointing authority is under no obligation to give reasons for a promotion decision either as regards the person to whom it is addressed or as regards the candidates who were not promoted and for whom a statement of the reasons for such a decision, taken in the light not only of the ability and professional aptitude of those concerned but also of certain aspects of their personality, might moreover prove to be prejudicial ( see judgment of 19 March 1964 in Case 27/63 Raponi v Commission (( 1964 )) ECR 129 ).

The Court may not, in any event, substitute its assessment of the merits and qualifications of the candidates for that of the appointing authority ( see judgment of 21 April 1983 in Case 282/81 Ragusa v Commission (( 1983 )) ECR 1245 ).

Parties

In Case 104/88

Claude Brus, an official of the Commission of the European Communities, residing in Brussels, represented by G . Vandersanden, of the Brussels Bar, with an address for service in Luxembourg at the Chambers of A . Schmitt, 62 avenue Guillaume,

applicant,

v

Commission of the European Communities, represented by S . van Raepenbusch, a member of its Legal Department, acting as Agent, assisted by C . Verbraeken, of the Brussels Bar, with an address for service in Luxembourg at the office of Georgios Kremlis, a member of the Commission' s Legal Department, Centre Wagner, Kirchberg,

defendant,

APPLICATION for the annulment of a decision of appointment,

THE COURT ( Third Chamber ),

composed of : F . Grévisse, President of Chamber, J . C . Moitinho de Almeida and M . Zuleeg, Judges,

( the grounds of the judgment are not reproduced )

hereby :

Operative part

( 1 ) Dismisses the application;

( 2 ) Orders the parties to bear their own costs .