Information;Judgment — ECLI:EU:T:2020:21
Date: 2020-01-30
Language of the case: French
Court formation: Fifth Chamber
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Procedure: Action for damages - unfounded;Staff cases - successful

Judgment of the General Court (Fifth Chamber) of 30 January 2020 – BZ v Commission (Case T‑336/19) (Civil service — Contract staff — Dismissal for obviously inadequate work — Proportionality — Article 84 of the Conditions of Employment of Other Servants — Liability) 1. Officials — Contract staff — Recruitment — Probationary period — Decision to dismiss before the end of the probationary period — Obvious inadequacy — Concept — Decision to dismiss based on insufficiently serious facts — Measure manifestly inappropriate having regard to the objective pursued — Breach of principle of proportionality (Conditions of Employment of Other Servants of the European Union, Art. 84(4)) (see paras 26-28, 43, 46-48) 2. Officials — Non-contractual liability of the institutions — Conditions — Unlawfulness — Damage — Causal link — Cumulative conditions (Art. 340, second para., TFEU) (see para. 53) 3. Actions brought by officials — Actions for damages — Annulment of the illegal act in dispute — Whether appropriate reparation for non-material damage (Staff Regulations of Officials, Art. 91) (see paras 54-56) Re: Application based on Article 270 TFEU seeking, first, annulment of the Commission’s decision of 25 July 2018 to dismiss the applicant for obviously inadequate work in response to a report on the probationary period before the end of that period and, second, payment of compensation for the material and non-material damage allegedly suffered by the applicant as a result of that decision. Operative part The Court: 1. Annuls the European Commission’s decision of 25 July 2018 to dismiss BZ; 2. Dismisses the action as to the remainder; 3. Orders the Commission to pay the costs.