Judgment — ECLI:EU:T:2018:924
Date: 2018-12-13
Language of the case: French
Court formation: Seventh Chamber
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Procedure: Staff cases - unfounded;Action for damages - inadmissible

Judgment of the General Court (Seventh Chamber) of 13 December 2018 – UP v Commission (Case T‑706/17) (Civil service — Officials — Serious illness — Application f for part-time work on medical grounds — Rejection of the application — Principle of non-discrimination on grounds of disability — Right to be heard — Principle of sound administration — Duty of care — Liability) 1. Actions brought by officials — Action against a decision rejecting a complaint — Effect — Disputed measure referred to the Court — Exception — Decision not confirmatory in character — Account taken of the reasoning therein (Staff Regulations of Officials, Arts 90 and 91) (see paras 12-14) 2. Officials — Equal treatment — Discrimination — General implementing provisions adopted by the Commission — Handicap — Obligation to provide for reasonable working arrangements — Scope — Grant of part-time work for medical reasons — Treatment (Charter of Fundamental Rights of the European Union, Art. 21; Staff Regulations of Officials, Arts 1d(1), first para. and 4; Council Directive 2000/78, Recital 20 and Art. 5) (see paras 25-28, 33, 34, 46, 47) 3. Officials — Principles — Rights of defence — Obligation to hear the person concerned before adopting a measure adversely affecting him — Scope (Charter of Fundamental Rights of the European Union, Art. 41(2)(a)) (see paras 51-55) 4. Officials — Administration’s duty to have regard for the interests of officials — Scope — Limits (Charter of Fundamental Rights of the European Union, Art. 41) (see paras 59-61) 5. Officials — Non-contractual liability of the institutions — Conditions — Unlawfulness — Injury — Causal link — Cumulative conditions (Art. 340, second para. TFEU) (see para. 72) 6. Actions brought by officials — Compensation action brought without pre-litigation procedure in accordance with the Staff Regulations — Inadmissibility (Staff Regulations of Officials, Arts 90 and 91) (see paras 76-79) Re: Application based on Article 270 TFEU and seeking, first, annulment of the Commission Decision of 26 April 2017 refusing to grant the applicant part-time work on medical grounds and, secondly, compensation for the material and non-material harm allegedly suffered by the applicant. Operative part The Court: 1. Dismisses the action; 2. Orders UP to bear his own costs as well as those incurred by the European Commission.