Legal framework
1As provided in Article43 of the Staff Regulations of Officials of the European Union (‘the Staff Regulations’):
‘The ability, efficiency and conduct in the service of each official shall be the subject of an annual report as provided for by the appointing authority of each institution in accordance with Article110. That report shall state whether or not the performance level of the official has been satisfactory. The appointing authority of each institution shall lay down provisions conferring the right to lodge an appeal within the reporting procedure, which has to be exercised before the lodging of a complaint as referred to in Article90(2).
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The report shall be communicated to the official. He shall be entitled to make any comments thereon which he considers relevant.’
2Article15(2) of the Conditions of Employment of Other Servants of the European Union (‘the CEOS’) provides:
‘The provisions of Article43 of the Staff Regulations, concerning reports, shall apply by analogy.’
3On 13April 2015, the European Centre for Disease Prevention and Control (ECDC) adopted Implementing rule No20 relating to the appraisal of temporary staff (‘the Implementing Rule’). Article2 of that rule provides:
‘1.Every year, a report covering the period from 1January to 31December of the preceding year (hereinafter referred to as “the reporting period”) shall be drawn up for each jobholder…
2.Each report shall include an individual qualitative appraisal of the jobholder’s efficiency, ability and conduct in the service. The report shall be concerned with all the jobholder’s professional activities.
3.Each report shall also include a conclusion on whether the jobholder’s performance has been satisfactory. The conclusion that the jobholder’s performance has been unsatisfactory shall be based on factual elements.’
4Under Article3(1) to (3) of the Implementing Rule:
‘1.The reporting officer shall be the jobholder’s direct superior and, as a general rule, the jobholder’s head of unit on 1December of the reporting period.…
2.The appeal assessor shall be the direct superior of the reporting officer at the time of the superior’s first intervention in the appraisal procedure as laid down in Article6.…
3.In exceptional cases, justified by the desire to act in the interests of the jobholder or in the event of a change in the organisation chart of a service, the Director may derogate from paragraphs1 and 2 above to take account of the specific context arising from the circumstances or the change respectively.’
5Article4 of the Implementing Rule provides:
‘1.A report concluding that the jobholder’s performance has been unsatisfactory needs to be confirmed by a countersigning officer, except where the Director acts as reporting officer.
2.Countersigning officer shall be the direct superior of the reporting officer…
3.The appeal assessor shall be the Director carrying out this duty at the time of his first intervention in the appraisal procedure.…’
6Under Article5 of the Implementing Rule
‘The individual qualitative appraisal shall be based on the ability, efficiency and conduct in the service of the jobholder, taking account of the context within which the jobholder has performed his duties. The individual qualitative appraisal shall not include a comparison with the performance of other individual jobholders.’
7Article7 of the Implementing Rule provides:
‘1.The jobholder’s reasoned refusal to accept the report in accordance with Article6(8) shall automatically mean referral of the matter to the appeal assessor. The jobholder may withdraw his reasoned refusal to accept the report at any time.
2.Upon a request by the jobholder expressed in his reasoned refusal to accept the report, the appeal assessor shall hold a dialogue with the jobholder within ten working days of the date of the reasoned refusal.…
3.Within 20 working days of the date of the reasoned refusal to accept the report and following the dialogue provided for in paragraph2, the appeal assessor shall confirm the report or amend it, giving reasons.
In the case of a report assessing the jobholder’s performance as unsatisfactory, the appeal assessor shall consult the Agency entity in charge of human resources before taking his decision; the latter may in turn consult the Joint Committee. The decision of the appeal assessor may not be based on facts which the jobholder has not yet had an opportunity to comment upon in the course of the appraisal or the appeal procedure, unless he is given an opportunity to do so by the appeal assessor in good time.
4.The report shall become final by decision of the appeal assessor.…’