Avis juridique important

61989A0040

European Court reports 1990 Page II-00055 Pub.RJ Page Pub somm

Summary

Where an institution seeks to make finer distinctions in the analytical assessment of officials when reports are made on them by substituting in place of a method of assessment based on three assessments of a general nature, "above average", "average" and "below average", a method of assessment based on six headings and subheadings for "ability" and four headings for "efficiency" and "conduct in the service" respectively, such a change in method necessarily implies that there can be no fixed correlation between the old and the new method of making the report.

Parties

In Case T-40/89

Mariette Turner, Principal Administrator at the Commission of the European Communities, represented by Georges Vandersanden, of the Brussels Bar, with an address for service in Luxembourg at the Chambers of Alex Schmitt, of the Luxembourg Bar, 62 avenue Guillaume,

applicant,

Commission of the European Communities, represented by Sean Van Raepenbusch, a member of its Legal Department, acting as Agent, with an address for service in Luxembourg at the office of Georgios Kremlis, a member of its Legal Department, Wagner Centre, Kirchberg,

defendant,

APPLICATION for annulment of the decision of the Commission' s Director-General for Personnel and Administration contained in a memorandum of 1 July 1987, leaving unchanged the applicant' s staff report for the period from 1 July 1983 to 30 June 1985, and an order that the Commission carry out its undertakings in respect of the applicant,

THE COURT OF FIRST INSTANCE ( Fourth Chamber )

composed of : D . A . O . Edward, President of Chamber, R . Schintgen and R . García-Valdecasas, 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.