Judgment;Information — ECLI:EU:T:2022:557
Date: 2022-09-14
Language of the case: English
Court formation: Eighth Chamber
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Procedure: Staff cases - unfounded;Action for damages - unfounded

Judgment of the General Court (Eighth Chamber) of 14 September 2022 – QN v Commission (Case T‑179/21) (1) (Civil service – Officials – Appraisal report – 2019 appraisal procedure – Obligation to state reasons – Manifest error of assessment – Duty to have regard for the welfare of officials – Liability) 1. Commission – Exercise of powers – Delegation of signature – Whether permissible – Conditions (see paragraphs 28, 29) 2. Officials – Reports procedure – Appraisal report – Obligation to state reasons – Scope – Obligation to substantiate, by means of factual elements, the comments in an appraisal report – None (Staff Regulations of Officials, Art. 43) (see paragraphs 35-38, 41, 80, 87-90, 95) 3. Officials – Reports procedure – Appraisal report – Drawing up – Obligation of impartiality – Scope – Calling into question of opinions expressed by appraisers – Burden of proof (Charter of Fundamental Rights of the European Union, Art. 41(1); Staff Regulations of Officials, Art. 43) (see paragraphs 48, 51, 54) 4. Officials – Reports procedure – Appraisal report – Setting of objectives to be achieved – No requirement in the institution’s internal documentation – Non-setting of objectives – Consequences – Irregularity not capable of justifying the annulment of the report (Staff Regulations of Officials, Art. 43) (see paragraphs 61-66, 70) 5. Officials – Reports procedure – Appraisal report – Drawing up – Allegation of psychological harassment – Unlawfulness of the appraisal report – Need for a link between the harassment and the negative assessments contained in the report – Burden of proof (Staff Regulations of Officials, Art. 12a) (see paragraphs 99, 100, 108) 6. Officials – Psychological harassment – Definition – Conduct intended to discredit the person concerned or to impair his or her working conditions or having that effect – Improper nature of the conduct – Criteria for assessment – Examination of a number of events taken as a whole (Staff Regulations of Officials, Art. 12a(3)) (see paragraphs 103-107) Operative part The Court: 1. Dismisses the action; 2. Orders QN to pay the costs. 1 OJ C 206, 31.5.2021.