43In the aforementioned Oberthiir case (paragraphs 9, 10 and 11) the applicant's staff report had not been drawn up at the time the Promotion Committee was considering proposals for promotion. The Court of Justice considered that the Commission had committed a wrongful act or omission which made the promotion procedure irregular as regards the applicant. Although the applicant's complaint had not sought damages (see the factual part of that judgment at p. 1746), and in the absence of valid claims to that effect, the Court, referring to its unlimited jurisdiction, of its own motion ordered the defendant to pay compensation for the nonmaterial damage caused by its wrongful act or omission.