# C_2020230EN.01002201.xml

| 13.7.2020 | EN | Official Journal of the European Union | C 230/22 |
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13.7.2020

EN

Official Journal of the European Union

C 230/22

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Judgment of the General Court of 28 May 2020 — Cerafogli v ECB

(Case T-483/16 RENV) (1)

(Civil service - ECB staff - Complaint of discrimination and psychological harassment - Internal administrative inquiry - Rejection of the complaint - Right to an effective judicial remedy - Right to be heard - Request for access to the minutes of the hearings of witnesses - Destruction of the inquiry file - Probative character of the evidence submitted to the Court - Incomplete examination - Psychological harassment - Error of law - Duty to provide assistance - Responsibility - Causal link - Non-material damage)

(2020/C 230/27)

Language of the case: English

Parties

Applicant: Maria Concetta Cerafogli (Rome, Italy) (represented by: L. Levi, lawyer)

Defendant: European Central Bank (represented by: F. Feyerbacher and B. Ehlers, acting as Agents, and by B. Wägenbaur, lawyer)

Re:

Action under Article 270 TFEU and under Article 50a of the Statute of the Court of Justice of the European Union seeking, first, the annulment of the decision of the ECB of 24 November 2009 concluding the internal administrative inquiry opened following the applicant’s complaint of discrimination and an attack on her dignity constituting psychological harassment and an infringement of the ECB Dignity at Work policy and, if necessary, of the decision of the ECB of 24 March 2010 rejecting her special appeal and, second, an order requiring the ECB to pay her compensation.

Operative part of the judgment

The Court:

| 1. | Annuls the decision of the European Central Bank (ECB) of 24 November 2009 closing the internal administrative inquiry opened following the complaint by Ms Maria Concetta Cerafogli and annuls the decision of the ECB of 24 March 2010 dismissing the special appeal brought by Ms Cerafogli; |
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1.

Annuls the decision of the European Central Bank (ECB) of 24 November 2009 closing the internal administrative inquiry opened following the complaint by Ms Maria Concetta Cerafogli and annuls the decision of the ECB of 24 March 2010 dismissing the special appeal brought by Ms Cerafogli;

| 2. | Orders the ECB to pay to Ms Cerafogli the sum of EUR 20 000 by way of damages; |
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2.

Orders the ECB to pay to Ms Cerafogli the sum of EUR 20 000 by way of damages;

| 3. | Dismisses the action as to the remainder; |
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3.

Dismisses the action as to the remainder;

| 4. | Orders the ECB to bear, in addition to its own costs, two thirds of the costs incurred by Ms Cerafogli relating to the initial proceedings before the Civil Service Tribunal in respect of the action in Case F-43/10, the appeal proceedings in Case T-114/13 P and the present referral proceedings in Case T-483/16 RENV; |
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4.

Orders the ECB to bear, in addition to its own costs, two thirds of the costs incurred by Ms Cerafogli relating to the initial proceedings before the Civil Service Tribunal in respect of the action in Case F-43/10, the appeal proceedings in Case T-114/13 P and the present referral proceedings in Case T-483/16 RENV;

| 5. | Orders Ms Cerafogli to bear one third of her own costs relating to the initial proceedings before the Civil Service Tribunal in respect of the action in Case F-43/10, the appeal proceedings in Case T-114/13 P and the present referral proceedings in Case T-483/16 RENV. |
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5.

Orders Ms Cerafogli to bear one third of her own costs relating to the initial proceedings before the Civil Service Tribunal in respect of the action in Case F-43/10, the appeal proceedings in Case T-114/13 P and the present referral proceedings in Case T-483/16 RENV.

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(1)  OJ C 209, 31.7.2010 (case initially registered before the Civil Service Tribunal of the European Union under number F-43/10 and transferred to the General Court of the European Union on 1 September 2016 under number F-43/10 RENV).

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