Court of Justice of the European Communities (including Court of First Instance Decisions)

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URL: http://www.bailii.org/eu/cases/EUECJ/1989/C10488.html
Cite as: [1989] EUECJ C-104/88

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61988J0104
Judgment of the Court (Third Chamber) of 22 June 1989.
Claude Brus v Commission of the European Communities.
Officials - Annulment of a decision of appointment.
Case 104/88.
European Court reports 1989 Page 01873
Pub.RJ Page Pub somm

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1 . Officials - Promotion - Statement of reasons - Obligation - None
( Staff Regulations of Officials, Art . 45 )
2 . Officials - Promotion - Discretion of the administration - Review by the Court - Limits
( Staff Regulations of Officials, Art . 45 )

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 ).
2 . As the Court has consistently held, the appointing authority has a wide discretion as regards promotion and the Court must restrict its review to consideration of the question whether the appointing authority has used its power in a manifestly incorrect way ( see judgment of 16 December 1987 in Case 111/86 Delauche v Commission (( 1987 )) ECR 5345 ).
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 ).

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 :

( 1 ) Dismisses the application;
( 2 ) Orders the parties to bear their own costs .

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