Judgment — ECLI:EU:T:2018:937
Date: 2018-12-13
Language of the case: French
Court formation: Third Chamber
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Procedure: Action for damages - unfounded;Staff cases - successful;Judgment delivered after back reference

Judgment of the General Court (Third Chamber) of 13 December 2018 – CX v Commission (Case T‑743/16 RENV) (Civil service — Officials — Disciplinary measure — Removal from post — Rights of the defence — Duty to have regard for the welfare of officials — Article 22(1) of Annex IX to the Staff Regulations — Articles 41 and 52 of the Charter of Fundamental Rights — Liability — Actual damage — Causal link) 1. Officials — Disciplinary measures — Procedure — Decision of the appointing authority imposing a disciplinary penalty without first hearing the person concerned — Impossibility to hear the interested person reasonably justified by medical certificates — Infringement of the right to be heard (Charter of Fundamental Rights of the European Union, Arts 41(2)(a), 51(1) and 52(1); Staff Regulations of Officials, Annex IX, Arts 4 and 22(1)) (see paras 145-149, 158, 173, 174, 176) 2. Actions brought by officials — Unlimited jurisdiction — Possibility of an order of the General Court’s own motion that the defendant institution pay compensation (Staff Regulations of Officials, Arts 91(1)) (see para. 178) 3. Officials — Non-contractual liability of the institutions — Conditions — Unlawfulness — Meaning — Application in proceedings concerning the Staff Regulations — Criteria (Art. 270 TFEU) (see para. 201) 4. Actions brought by officials — Actions for damages — Annulment of the illegal act in dispute — Whether appropriate reparation for non-material damage — Limits (Art. 340 TFEU) (see paras 204, 205) Re: Action pursuant to Article 270 TFUE seeking, first, annulment of the Decision of 16 October 2013 in which the Commission found that the applicant was guilty of two instances of serious misconduct and, consequently, removed him from his post without reduction pro tempore to his entitlement to a retirement pension and, second, compensation for the harm allegedly suffered by the applicant on account of that decision. Operative part The Court: 1. Annuls the decision of 16 October 2013 by which the Commission removed CX from his post without reduction pro tempore to his entitlement to a retirement pension; 2. Dismisses the action as to the remainder; 3. Orders each party to bear its own costs.