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Judgment of the Civil Service Tribunal (Second Chamber) of 22 November 2007. # Christos Michail v Commission of the European Communities. # Public service - Officials - Action for annulment - Action for damages. # Case F-34/06.
ECLI:EU:F:2007:205
62006FJ0034
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Valentina R., lawyer
(Civil service – Officials – Appraisal – Career development report – 2004 appraisal – Action for annulment – Action for damages)
Application: brought under Articles 236 EC and 152 EA, in which Mr Michail seeks annulment of his career development report for the period from 1 January to 31 December 2004, annulment of the decision of 4 November 2005 rejecting his complaint against the 2004 career development report, and an order for the Commission to pay him compensation of EUR 120 000 for the non-material damage he alleges he has suffered.
Held: The action is dismissed. Each party is to bear its own costs.
Summary
Officials – Reports procedure – Career development report
(Staff Regulations, Art. 43)
Since an assessment cannot be made of an official’s ability, efficiency and conduct in the service for a period when he was not assigned any duties, it follows that an official cannot complain that his career development report for a particular year does not include an assessment for such a period.
(see para. 31)
See:
F-67/05 Michail v Commission [2007] ECR-SC I-A-1-0000 and II-A-1-0000, para. 33