Judgment — ECLI:EU:T:2019:571
Date: 2019-09-10
Language of the case: French
Court formation: First Chamber
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Procedure: Staff cases - unfounded;Staff cases - inadmissible;Action for damages - unfounded;Action for damages - inadmissible

Judgment of the General Court (First Chamber) of 10 September 2019 – DK v EEAS (Case T‑217/18) (Civil service — Disciplinary proceedings — Criminal conviction — Penalty of withholding an amount from the pension — Manifest error of assessment — Proportionality — Obligation to state reasons — Mitigating circumstances — Liability) 1. Officials — Disciplinary measures — Penalty — Discretion of the appointing authority — Taking into account aggravating or extenuating circumstances — No obligation to take into account damages already awarded at national level in respect of loss caused to the EU — No misuse of powers (Staff Regulations of Officials, Annex IX, Art. 10) (see paras 38-42, 44, 51, 52, 59, 61) 2. Officials — Disciplinary measures — Penalty — Discretion of the appointing authority — No obligation to follow the opinion issued by the Disciplinary Board (Staff Regulations of Officials, Annex IX, Arts 6 and 8) (see paras 68-72) 3. Officials — Disciplinary measures — Penalty — Discretion of the appointing authority — Judicial review — Limits (Staff Regulations of Officials, Annex IX, Art. 9(2)) (see paras 75-77) 4. Officials — Disciplinary measures — Penalty — Discretion of the appointing authority — Simultaneous disciplinary proceedings and criminal prosecution — Obligation of the administration to take a final decision on the situation of the official only after final judgment of the criminal court — Obligation on the administration to act within a reasonable period (Staff Regulations of Officials, Annex IX, Art. 25) (see paras 85-88, 90, 91, 95) 5. Officials — Disciplinary measures — Penalty — Discretion of the appointing authority — Withholding pensions — Basis of calculation for withholding pensions — Inclusion of family allowances — Conditions — Minimum income guarantee (Staff Regulations of Officials, Annex VIII, Arts 6, 42 and 43, Annex IX, Art. 9(2)) (see paras 118, 119, 123, 124) 6. Officials — Decision adversely affecting an official — Disciplinary penalty — Obligation to state reasons — Scope (Art. 296 TFEU; Staff Regulations of Officials, Art. 25 and Annex IX, Art. 22) (see paras 145-149, 158) 7. Actions brought by officials — Application for damages linked to an application for annulment — Dismissal of claim for annulment leading to dismissal of the claim for compensation (Staff Regulations of Officials, Art. 91) (see paras 184-186) Re: Application under Article 270 TFEU seeking, first, annulment of the decision of the EEAS of 23 May 2017 to impose on the applicant a disciplinary penalty and, secondly, compensation for the harm allegedly suffered by the applicant as a result of the EEAS’ infringement of his rights of defence in the criminal proceedings brought against him before the Belgian courts. Operative part The Court: 1. Dismisses the action; 2. Orders DK to pay the costs.