Information;Judgment — ECLI:EU:T:2022:222
Date: 2022-04-06
Language of the case: Greek
Court formation: Seventh Chamber
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Procedure: Staff cases - unfounded;Action for damages

Judgment of the General Court (Seventh Chamber) of 6 April 2022 – FC v EUAA (Case T‑634/19) (1) (Civil service – Members of the temporary staff – Pre-disciplinary proceedings – Suspension, withholding of remuneration and prohibition on access to EUAA’s premises and facilities – OLAF Report – Principle of sound administration – Right to be heard – Principle of impartiality – Manifest error of assessment – Obligation to state reasons – Rights of the defence – Liability – Close link with the claim for annulment) 1. Officials – Disciplinary measures – Suspension of an official – Obligation to hear the official beforehand – Scope – Infringement – Consequences (Charter of Fundamental Rights of the European Union, Art. 41(2)(a); Staff Regulations of Officials, Annex IX, Art. 23(2)) (see paras 47-52, 71, 75, 143, 156) 2. Officials – Disciplinary measures – Enquiry preceding the initiation of disciplinary proceedings – Right to sound administration – Requirement of impartiality – Scope – Possibility for the administration to follow the conclusions in the report from the European Anti-Fraud Office (OLAF) – Whether permissible (Charter of Fundamental Rights of the European Union, Art. 41(1); European Parliament and Council Regulation No 883/2013, Art. 11(4)) (see paras 80-85) 3. Officials – Disciplinary measures – Suspension of an official – Obligation to state reasons – Scope (Staff Regulations of Officials, Annex IX, Art. 23(1)) (see paras 89-92, 96) 4. Officials – Disciplinary measures – Suspension of an official – Conditions – Judicial review – Limits (Staff Regulations of Officials, Annex IX, Art. 23(1)) (see paras 115-117) 5. Officials – Rights and obligations – Obligation to notify the hierarchy of any order which may be improper – Order from the immediate superior – Obligation to refer that to the hierarchical authority immediately above (Staff Regulations of Officials, Art. 21a(1)) (see paras 126, 127) 6. Officials – Disciplinary measures – Suspension of an official – Consequences – Prohibition on access to premises and IT equipment – Whether permissible – Breach of principle of proportionality – None (Staff Regulations of Officials, Annex IX, Art. 23) (see paras 160-165, 172-176) 7. Actions brought by officials – Application for damages linked to an application for annulment – Dismissal of application for annulment leading to dismissal of the application for damages (Staff Regulations of Officials, Arts 90 and 91) (see para. 183) Operative part The Court: 1. Dismisses the action; 2. Orders FC to pay the costs. 1 OJ C 399, 25.11.2019.