Information;Judgment — ECLI:EU:T:2021:551
Date: 2021-09-08
Language of the case: French
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 8 September 2021 – JA v Parliament (Case T‑156/20) (Civil service – Members of the temporary staff – Political group – Dismissal – Manifest error of assessment – Misuse of powers – Right to be heard – Equal treatment – Duty to have regard for the welfare of officials – Principle of sound administration – Liability) 1. Officials – Members of the temporary staff – Members of the temporary staff falling under Article 2(c) of the Conditions of Employment of Other Servants – Member of the temporary staff assigned to a political group in the Parliament – Dissolution of the political group – Consequence – Termination of the contract – No obligation for the Parliament to reassign the person concerned to a new group (Conditions of Employment of Other Servants, Art. 2(c); Rules of Procedure of the European Parliament, Arts 33 and 34(3)) (see paras 17-24, 116, 117) 2. Judicial proceedings – Measures of organisation of procedure – Request for production of documents – Discretion of the EU judicature – Duties of the person making the request (Rules of Procedure of the General Court, Arts 88(2) and 89(3)(d)) (see paras 47-49, 127) 3. Officials – Members of the temporary staff – Members of the temporary staff falling under Article 2(c) of the Conditions of Employment of Other Servants – Employment by a political group within the Parliament – Discretionary power of that group – Rejection of application – No obligation of the Secretary-General of the Parliament to hear the person concerned (Conditions of Employment of Other Servants, Art. 2(c)) (see paras 100-103, 117) 4. Officials – Members of the temporary staff – Members of the temporary staff falling under Article 2(c) of the Conditions of Employment of Other Servants – Member of the temporary staff assigned to a political group in the Parliament – Breakdown in the relationship of trust – Possibility of dismissal (Conditions of Employment of Other Servants, Art. 2(c)) (see para. 122) 5. Actions brought by officials – Plea alleging infringement of the principle of equal treatment – Reversal of the burden of proof – Conditions (Staff Regulations of Officials, Art. 1d(1); Conditions of Employment of Other Servants, Art. 10(1) and (5)) (see paras 123, 124) Re: Application under Article 270 TFEU for, first, annulment of the Parliament’s decision of 4 July 2019 to terminate the applicant’s contract as a member of the temporary staff and, second, compensation for the non-material harm which the applicant allegedly suffered as a result of that decision. Operative part The Court: 1. Dismisses the action; 2. Orders JA to pay the costs.