Judgment — ECLI:EU:T:2003:171
Date: 2003-06-19
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Concepts: Procedure;Obligations of the administration;European Central Bank
Procedure: Staff cases - unfounded

SUMMARY - CASE T-78/02 
Summary 
1. Officials - Duty of the administration to have regard for the interests of officials 
- Scope - Obligation to notify the decision imposing a disciplinary sanction to 
persons other than the member of staff concerned - None 
2. Officials - Staff of the European Central Bank - Disciplinary rules -
Disciplinary proceedings - Establishment of facts - Silence of the member of staff 
concerned - Implications 
(Conditions of Employment of the Staff of the European Central Bank, Art. 43) 
3. Officials - Staff of the European Central Bank - Disciplinary rules - Opening 
of disciplinary proceedings - Limitation period - None - Duty of the 
administration to act within a reasonable time 
(Conditions of Employment of the Staff of the European Central Bank, Art. 43) 
1. The duty of the administration to have regard for' the interests of its officials 
reflects the balance of the reciprocal rights and obligations established by the Staff 
Regulations in the relationship between the official authority and the civil servants. 
However, in the absence of any request to that effect by the person concerned, that 
duty does not entail an obligation on the European Central Bank to notify persons 
other than the member of staff concerned, such as his lawyer, of a decision 
imposing a disciplinary sanction. 
(see paras 24-25) 
See: T-33/89 and T-74/89 Blackmann v Parliament [199.3] ECR II-249, para. 96 
I-A - 166 
VOIGT v ECB 
2. In the course of disciplinary proceedings, an employer is obliged to submit the 
information it has on the facts alleged for final legal assessment, regardless of 
whether the member of staff concerned actively assisted in the establishment of the 
facts or refused to express any view on the substance. Moreover, the silence 
maintained by the member of staff concerned during the disciplinary proceedings 
cannot be taken as an admission. 
However, in a situation where the member of staff declines to assist in the 
establishment of the facts and thus fails to fulfil his duty to cooperate under 
Article 4(a) of the Conditions of Employment for Staff of the European Central 
Bank and that of loyalty to his employer, the employer may make a final assessment 
of the complaints at issue confining itself to the facts established in the course of the 
procedure and, if appropriate, conclude that the facts alleged must be considered 
proven. 
(see paras 28-30) 
See: T-273/94 N v Commission [1997] ECR-SC I-A-97 and II-289, para 132 
3. The Conditions of Employment for Staff of the European Central Bank do not 
provide for any limitation period with regard to the initiation of disciplinary 
proceedings. In order to fulfil its function of ensuring legal certainty, such a 
limitation period must be fixed in advance by the Community legislature. However, 
even in the absence of a limitation period, the disciplinary authorities are under an 
obligation to ensure that each step in those proceedings is taken within a reasonable 
period. Whether a period is reasonable is subject to review by the Community 
courts in the light of the circumstances of the case. 
(see para 64) 
I-A - 167 
SUMMARY — CASE T-78/02 
See: T-26/89 De Compte v Parliament [1991] ECR II-781, para. 68; T-197/00 Onidi v 
Commission [2002] ECR-SC I-A-69 and II-325, para 88 
I-A - 168