Traduction de «recours en appréciation » (Français → Anglais) :

Even if, in the event of a challenge to a decision of the appeals committee established by the EIB in connection with the appraisal of its staff, the assessment report as well as the decision itself, automatically came before the Courts of the Union, that, taken alone, would not justify those Courts in limiting their consideration to the objections made to the report, and certainly not in failing entirely to exercise their power to review the merits of the Appeal Committee’s decision, insofar as the committee has a full power of revie ...[+++]w entitling it to substitute its own assessments for those contained in the report, a power which the Civil Service Tribunal does not enjoy.

In order for a person to whom the Staff Regulations apply to be permitted, in an action pursuant to Articles 90 and 91 of the Staff Regulations, to request annulment of an act adversely affecting him, within the meaning of Article 90(2), he must at the time of bringing the action have a vested and present and sufficiently clear interest in obtaining the annulment of that act and such an interest presumes that the claim should be capable, by its result, of securing an advantage for him. As a condition of admissibility, the applicant’s interest in bringing proceedings must be evaluated at the time when the action is brought.

Pleas in law: The applicant considers that the contested decision infringes Article 8(1)(b) of Council Regulation (EC) No 207/2009, as well as it lacks proper motivation or is otherwise impaired to fulfil lawful demands on European Legal proceedings, as the Board of Appeal erred (i) in its comparison of the services, (ii) in its comparison of the signs, (iii) in its assessment of the relevant public, and (iv) in its assessment of likelihood of confusion.

Pleas in law: The applicant claims that the contested decision infringes Article 53(2) of Council Regulation (EC) No 207/2009, as the Board of Appeal erred in law in its assessment of this article and in its approach to the assessment of the facts, and failed to exercise its powers of investigation.

For the purposes of the present appeal, it must first be stated that the Civil Service Tribunal recalled that any decision relating to a specific individual which is taken under the Staff Regulations and adversely affects that person must state the reasons on which it is based, on the one hand, to enable the competent court to review the legality of the decision and, on the other, to provide the person concerned with the information necessary to allow him to ascertain whether or not the decision is well founded and to enable him to decide whether to bring an action. It added, however, referring to Case C‑254/95 P Parliament v Innamorati ...[+++][1996] ECR I‑3423, paragraphs 24 to 28, that, as far as concerns decisions taken by a selection board in a competition, the obligation to state reasons must be reconciled with observance of the secrecy surrounding the proceedings of selection boards by virtue of Article 6 of Annex III to the Staff Regulations, secrecy which was instituted with a view to guaranteeing the independence of selection boards and the objectivity of their proceedings. Thus, observance of this secrecy precludes both disclosure of the attitudes adopted by individual members of selection boards and disclosure of any factors relating to individual or comparative assessments of candidates and that the obligation to state the reasons on which decisions of a selection board in a competition are based must take account of the nature of the proceedings concerned, which, at the stage of examination of the abilities of the candidates, are primarily comparative in character and accordingly covered by the secrecy inherent in those proceedings (paragraphs 30 and 31 of the judgment under appeal).

In order to ensure a balanced evaluation of appeals from a legal and technical point of view, both legally and technically qualified members of the Board of Appeal as defined in Commission Regulation (EC) No 1238/2007 of 23 October 2007 on laying down rules on the qualifications of the members of the Board of Appeal of the European Chemicals Agency should participate in each appeal.