Дело C-818/21: YG/Комисия, Съдебно решение от 22 юни 2023 г.

Текст

... ulations of Officials of the European Union – Comparison of merits – Distortion of the evidence – Disregard for and distortion of the pleas in the application at first instance – Infringement of the rights of the defence – Failure to fulfil the duty to state reasons)

In Case C‑818/21 P,

APPEAL under Article 56 of the Statute of the Court of Justice of the European Union, brought on 22 December 2021,

YG, represented by A. Champetier and S. Rodrigues, avocats,

appellant,

the other party to the proceedings being:

European Commission, represented by L. Radu Bouyon and L. Vernier, acting as Agents,

defendant at first instance,

THE COURT (Eighth Chamber),

composed of M. Safjan, President of the Chamber, N. Piçarra and M. Gavalec (Rapporteur), Judges,

Advocate General: A. Rantos,

Registrar: A. Calot Escobar,

having regard to the written procedure,

having decided, after hearing the Advocate General, to proceed to judgment without an Opinion,

gives the following

Judgment

1. By his appeal, YG seeks to have set aside the judgment of the General Court of the European Union of 20 October 2021, YG v Commission (T‑599/20, EU:T:2021:709; ‘the judgment under appeal’), by which the General Court dismissed his action for annulment of the European Commission’s decision of 14 November 2019 not to promote him to grade AST 9 in the 2019 promotion exercise (‘the decision at issue’).

Legal context

The Staff Regulations

2. Article 45(1) of the Staff Regulations of Officials of the European Union, in the version applicable to the ...