Information;Judgment — ECLI:EU:T:2024:402
Date: 2024-06-19
Language of the case: French
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Procedure: Staff cases - unfounded;Staff cases - inadmissible;Action for damages - inadmissible

Summary of the pleas in law on which the application is based – Introduction of new pleas during the proceedings – Conditions (Rules of Procedure of the General Court, Arts 76(d) and (e) and 84(1) and (2)) (see paragraphs 46-50) 2. Actions brought by officials – Prior administrative complaint – Time limits – Mandatory – Time-barred – Reopening – Condition – New and material fact – Definition – Limits (Art. 270 TFEU; Staff Regulations of Officials, Arts 90 and 91) (see paragraphs 67-72, 109) 3. Officials – Acts of the administration – Presumption of validity – Non-existent act – Concept – Fraudulent act in the form of a false signature – Not included (see paragraphs 85-93, 387, 389) 4. Actions brought by officials – Prior administrative complaint – Submission of two complaints against the same measure adversely affecting an official – Admissibility of the first complaint to be submitted (Staff Regulations of Officials, Art. 90(2)) (see paragraphs 101, 107) 5. Officials – Disciplinary measures – Penalty – Principle ne bis in idem – Imposition of a penalty in respect of the same facts as those which had been the subject of an earlier penalty annulled by the EU judicature on account of a procedural defect – No infringement – No infringement of the presumption of innocence (Charter of Fundamental Rights of the European Union, Art. 50; Staff Regulations of Officials, Annex IX, Art. 9(3)) (see paragraphs 127-139, 164) 6. Officials – Disciplinary measures – Procedure – Submission to the Disciplinary Board of a report from the Appointing Authority – Report containing a statement of position as to the consequences to be drawn from the failure to fulfil obligations alleged against the person concerned – No infringement of the presumption of innocence (Staff Regulations of Officials, Annex IX, Art. 12(1)) (see paragraphs 166-179) 7. Officials – Disciplinary measures – Procedure – Observance of the rights of the defence – Scope (Staff Regulations of Officials, Annex IX, Arts. 2(2) and (3)) (see paragraphs 184-191) 8. Officials – Disciplinary measures – Procedure – Right to good administration – Requirement of impartiality – Scope – Challenge – Burden of proof (Charter of Fundamental Rights of the European Union, Art. 41(1); Staff Regulations of Officials, Art. 11a and Annex IX) (see paragraphs 201-205, 207-209, 211-213, 216, 217, 220-227, 230) 9. EU law – Principles – Right to effective judicial protection – Scope – Principle of equality of arms and adversarial principle – Included – Application to an administrative procedure – Precluded (Charter of Fundamental Rights of the European Union, Art. 47) (see paragraphs 238-241) 10. Officials – Acts of the administration – Withdrawal – Unlawful acts – Conditions – Observance of the principles of legal certainty and protection of legitimate expectations (see paragraphs 287-290) 11. 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 – Judicial review – Scope (Charter of Fundamental Rights of the European Union, Art. 31(1); Staff Regulations of Officials, Arts 12a(3) and 24) (see paragraphs 311-317) 12. Officials – Psychological harassment – Definition – Difficult or even conflictual relationships that the person concerned has with his or her colleagues or superiors – Not included – Negative observations made to an official – Not included – Conditions (Staff Regulations of Officials, Art. 12a) (see paragraph 324) 13. Officials – Psychological harassment – Burden of proof – Production of medical certificates attesting to the existence of health problems – Not conclusive evidence of harassment (Staff Regulations of Officials, Art. 12a) (see paragraphs 326, 327) 14. Officials – Psychological harassment – Definition – Notes and assessments contained in a staff report – Not conclusive evidence of harassment (Staff Regulations of Officials, Art. 12a) (see paragraphs 344, 345) 15. Officials – Psychological harassment – Definition – Administrative decisions and disagreements with the administration on questions related to the organisation of the services – Not included (Staff Regulations of Officials, Art. 12a) (see paragraph 369) 16. Officials – Disciplinary measures – Penalty – Removal from post – Withdrawal of the removal decision – Reinstatement in post of the removed official without his or her consent – Infringement of the freedom to choose an occupation and of the right to work – None (Charter of Fundamental Rights of the European Union, Art. 15(1)) (see paragraphs 406-412) 17. Officials – Employment relationship – Plea of non-performance – Inapplicability (see paragraphs 419, 420) Operative part The Court: 1. Dismisses the action; 2. Declares that each party is to bear its own costs. 1 OJ C 110, 29.3.2021.