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Judgment of the Court (Second Chamber) of 15 March 1989. # Malcolm Bevan v Commission of the European Communities. # Officials - Staff reports - Promotion - Action for damages. # Case 140/87.
ECLI:EU:C:1989:126
61987CJ0140
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61987J0140
European Court reports 1989 Page 00701 Pub.RJ Page Pub somm
Summary
Keywords
2.Officials - Drawing-up of staff report - Delay - Irregularity incapable of leading to annulment - Award of compensation - Conditions - Damage - Maladministration ( Staff Regulations, Art . 43 )
3.Officials - Staff report procedure - Review by the Court - Limits ( Staff Regulations, Art . 43 )
Summary
2.The delay in completing the reporting procedure cannot of itself affect the validity of the staff report in any circumstances or, in consequence, justify the annulment thereof ( judgment of 9 February 1988 in Case 1/87 Picciolo v Commission (( 1988 )) ECR 711 ).
However, the absence of a staff report may put the official concerned in an uncertain and anxious state of mind with regard to his professional future, giving rise to non-material damage, where the existence of maladministration is established ( judgment of 14 July 1977 in Case 61/76 Geist v Commission (( 1977 )) ECR 1419 ).
3.Staff reports contain assessments whose substance cannot be reviewed by the Court save in order to identify manifest factual errors or misuse, by the persons involved in the drawing-up of the reports, of their power of appraisal ( judgment of 5 May 1983 in Case 207/81 Ditterich v Commission (( 1983 )) ECR 1359 .
Parties
In Case 140/87 Malcolm Bevan, an official of the Commission of the European Communities, represented and assisted by C . Vajda, barrister, of Gray' s Inn, and G . Vandersanden, of the Brussels Bar, with an address for service in Luxembourg at the Chambers of J . Biver, 8 rue Zithe, 1011 Luxembourg, applicant, v Commission of the European Communities, represented by P . Kalbe, Legal Adviser, acting as Agent, with an address for service in Luxembourg at the office of G . Kremlis, a member of the Commission' s Legal Department, Wagner Centre, Kirchberg, defendant, APPLICATION for the annulment of the applicant' s staff report for the period 1983-85 and the Commission' s decisions concerning the promotion of officials from Grade A 5 to Grade A 4 for 1986, from which the applicant was excluded, and for damages, THE COURT ( Second Chamber ) composed of : T . F . O' Higgins, President of Chamber, G . F . Mancini and F . Schockweiler, 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 .