Judgment_paragraph 265 · José Luis Buendía Sierra v European Commission (T-311/04)

265The Commission replies that the appointing authority must state reasons for the decision rejecting a complaint against a promotion, but that it is nevertheless not required to disclose to the rejected candidate the comparative assessment made by it. It may confine itself to establishing the existence of the legal conditions to which the Staff Regulations make the validity of promotions subject. The appointing authority satisfied that obligation by recalling that it may act on the basis of other information relating to the administrative and personal position of officials, which is such as to qualify the assessment made solely on the basis of the staff reports (see Case T-221/96 Manzo-Tafaro v Commission [1998] ECR-SC I-A-115 and II-307, paragraph 18, and the case-law cited).

José Luis Buendía Sierra v European Commission (T-311/04)

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