Дело C-361/20: YG/Комисия, Съдебно решение от 13 януари 2022 г.

Текст

... f Officials of the European Union – Comparison of the merits – Principle of equal treatment – Duty to state reasons)

In Case C‑361/20 P,

APPEAL under Article 56 of the Statute of the Court of Justice of the European Union, brought on 4 August 2020,

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

appellant,

the other party to the proceedings being:

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

defendant at first instance,

THE COURT (Seventh Chamber),

composed of I. Ziemele (Rapporteur), President of the Sixth Chamber, acting as President of the Seventh Chamber, P.G. Xuereb and A. Kumin, Judges,

Advocate General: J. Kokott,

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, the appellant seeks to have set aside the judgment of the General Court of the European Union of 28 May 2020, YG v Commission (T‑518/18, not published, EU:T:2020:221; ‘the judgment under appeal’), by which the General Court dismissed his action for annulment of the European Commission’s decision of 13 November 2017 not to promote him in the 2017 promotion procedure (‘the contested decision’).

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 dispute (‘the Staff Regulations’), is worded as follows:

‘Promotion shall be by decision of the appointing authority in ...