Judgment — ECLI:EU:T:2001:237
Date: 2001-09-20
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Concepts: Personal file
Procedure: Staff cases - inadmissible;Staff cases - successful

SUMMARY — CASE T-344/99 
Summary 
Officials - Decision affecting the administrative status of an official — Taking into 
account of matters not included in his personal file — Not permissible — Decisive 
influence — Annulment — Conditions 
(Staff Regulations, Art. 26) 
Observance of the right to be heard is, in all proceedings initiated against a person 
which are liable to culminate in a decision adversely affecting that person, a 
fundamental principle of Community law. That principle requires that the addressees 
of decisions which significantly affect their interests should be placed in a position 
in which they may effectively make known their views. 
In the context of the European Civil Service, the principle of observance of the right 
to be heard is given expression, in particular, in Article 26 of the Staff Regulations, 
the purpose of which is to ensure that decisions taken by the appointing authority 
affecting the administrative status and career of the official concerned are not based 
on matters concerning his conduct which are not included in his personal file and 
have not been communicated to him. 
I-A - 184 
RECALDE LANGARICA v COMMISSION 
Infringement of Article 26 of the Staff Regulations entails the annulment of a 
measure only if it is established that the documents in question could have had a 
decisive influence on the contested decision. The mere fact that documents were not 
placed on an official's personal file is not enough to justify annulment of a decision 
adversely affecting him if they were in fact brought to his knowledge. 
(see paras 57-60) 
See: 88/71 Brasseur v Parliament [1972] ECR 499, para. 11; 233/85 Bonino v 
Commission [1987] ECR 739, para. 11; C-32/95 P Commission v Lisrestal and Others 
[1996] ECR I-5373, para. 21; C-294/95 P Ojha v Commission [1996] ECR I-5863, 
paras 57, 67 and 68 
I-A - 185