Reports of Cases

(Appeal — Civil service — Officials — Promotion — Withdrawal of merit points and priority points following a promotion on the basis of Article 29 of the Staff Regulations — Legal basis — Competence of the author of the act — Principle of non-discrimination)

Appeal: brought against the judgment of the European Union Civil Service Tribunal (Third Chamber) of 1 December 2010 in Case F-82/09 Nolin v Commission, seeking the setting aside of that judgment.

Held: The appeal is dismissed. Mr Michel Nolin is ordered to bear his own costs and to pay those incurred by the Commission in the appeal.

Summary

If that were not the case, officials promoted under Article 29 of the Staff Regulations would be able to use the large number of merit and priority points they had acquired in a lower grade in order to gain further promotion, which would contradict Article 45 of the Staff Regulations, according to which the merits of an official must be compared, for the purpose of promotion, with those of colleagues in the

EN ECLI:EU:T:2011:664

SUMMARY – CASE T-58/11 P NOLIN v COMMISSION

same grade. Furthermore, those officials would have a greater chance than colleagues promoted solely on the basis of Article 45 of the Staff Regulations of gaining further promotion rapidly, contrary to the principle of equal treatment, which is a general principle of European Union law, enshrined in Articles 20 and 21 of the Charter of Fundamental Rights of the European Union.

(see paras 36, 37)

See:

C-550/07 P Akzo Nobel Chemicals and Akcros Chemicals v Commission and Others [2010] ECR I-8301, para. 54

T-22/92 Weissenfels v Parliament [1993] ECR II-1095, para. 66; T-302/02 Kenny v Court of Justice [2003] ECR-SC I-A-235 and II-1137, para. 56

(see para. 49)

See:

T-23/96 De Persio v Commission [1998] ECR-SC I-A-483 and II-1413, para. 111; T-40/07 P and T-62/07 P de Brito Sequeira Carvalho v Commission and Commission v de Brito Sequeira Carvalho [2009] ECR-SC I-B-1-89 and II-B-1-551, para. 155

ECLI:EU:T:2011:664