Judgment — ECLI:EU:T:2001:175
Date: 2001-07-03
Language of the case: French
Court formation: Second Chamber
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Concepts: Time-limits;Form of disciplinary measure;General;Rights of the person concerned
Procedure: Staff cases - unfounded;Action for damages - successful;Action for damages - unfounded;Staff cases - decision unnecessary

SUMMARY - JOINED CASES T-24/98 AND T-241/99 
Held: Cases T-24/98 and T-241/98 are joined for the purposes of 
the judgment. In Case T-24/98: there is no longer any 
need to adjudicate on the claims for annulment; the 
remainder of the application is dismissed; the parties are 
to bear their own costs, including those relating to the 
interlocutory proceedings. In Case T-241/98: the 
Commission is ordered to pay to the applicant the sum of 
EUR 1 000 by way of compensation for the non-material 
damage suffered by him; the remainder of the application 
is dismissed; the Commission, in addition to bearing its 
own costs, is to pay one quarter of the applicant's costs. 
Summary 
1. Officials - Disciplinary measures - Disciplinary proceedings - Period 
prescribed by the third paragraph of Article 7 of Annex IX for the adoption of a 
decision by the appointing authority - Administration's obligation to act within a 
reasonable time - Breach - Consequences 
(Staff Regulations, Annex IX, Art. 7, third para.) 
2. Officials - Rights and obligations - Obligations provided for in Articles 11, 12 
and 14 of the Staff Regulations - Finding of a breach - Criteria for assessment 
(Staff Regulations, Arts 11, 12 and 14) 
3. Officials - Disciplinary measures - Disciplinary action - Obligation to state 
grounds 
(Staff Regulations, Arts 86 to 89) 
4. Officials - Disciplinary measures - Disciplinary action - Discretion of the 
appointing authority - Judicial review - Scope - Limits 
(Staff Regulations, Arts 86 to 89) 
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E v COMMISSION 
5. Officials - Disciplinary measures - Disciplinary proceedings - Rights of the 
defence must be observed - Where the official has had no opportunity to comment 
on certain documents — Undisclosed documents inadmissible as evidence - Limits 
(Staff Regulations, Annex LX, Art. 2) 
1. Although the period prescribed by the third paragraph of Article 7 of Annex IX 
to the Staff Regulations is not a mandatory time-limit, it constitutes a rule of sound 
administration the purpose of which is to avoid, in the interests both of the 
administration and of officials, undue delay in adopting the decision terminating the 
disciplinary proceedings. It follows that the disciplinary authorities are obliged to 
conduct disciplinary proceedings diligently and to ensure that each procedural step 
is taken within a reasonable period following the previous step. Failure to comply 
with that period, which can be assessed only in the light of the specific 
circumstances of the case, may result in the decision being declared void and give 
rise to compensation where, as a consequence, the official suffers non-material 
damage on account, in particular, of the prolongation of his state of uncertainty. 
(see paras 52, 102) 
See: T-549/93 D v Commission [1995] ECR-SC I-A-13 and II-43, para. 25, and the 
case-law cited therein 
2. The obligations provided for in Articles 11, 12 and 14 of the Staff Regulations 
are general and objective in their application. The finding of a breach of those 
obligations is not made subject to the condition that the official concerned must have 
benefited from that breach or that the breach in question must have harmed the 
institution. 
(see para. 76) 
See: T-74/96 Tzoanos v Commission [1998] ECR-SC I-A-129 and II-343, para. 66, 
confirmed in Case C-191/98 P [1999] ECR I-8223 
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SUMMARY — JOINED CASES T-24/98 AND T-241/99 
3. If the action taken by the disciplinary authority is severer than that suggested by 
the Disciplinary Board in its opinion, the reasons which led that authority to depart 
from that opinion must be clearly indicated in the statement of reasons for the 
decision imposing the disciplinary action. 
(see para. 82) 
See: 228/83 F. v Commission [1985] ECR 275, para. 35 
4. Where the truth of an allegation of misconduct made against an official as 
constituting a breach of his obligations under the Staff Regulations is established, 
it is for the disciplinary authority to choose the appropriate disciplinary action, since 
the Staff Regulations do not establish a set relationship between the disciplinary 
action and the breach committed. It must base its choice of action on a 
comprehensive assessment of the particular facts and the aggravating or extenuating 
circumstances peculiar to the case. The Court cannot substitute its own assessment 
for that of the disciplinary authority. None the less, it is for the Court to ascertain 
whether the disciplinary action chosen is disproportionate in relation to the facts as 
found in the decision. 
(see paras 85-86) 
See: T-12/94 Dafflx v Commission [1997] ECR-SC I-A-453 and II-1197, para. 89, 
and the case-law cited therein; T-183/96 E v ESC [1998] ECR-SC I-A-67 and II-159, 
para. 58 
5. According to the principle that the rights of the defence must be observed, an 
official must have the opportunity, in the context of disciplinary proceedings, to 
comment on every document which the institution intends to use against him. Where 
an official is not given such an opportunity, the undisclosed documents must not be 
taken into consideration as evidence. However, the fact that certain documents used 
by the institution concerned are inadmissible as evidence is of no significance except 
to the extent to which the institution's case can be proved only by reference to those 
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E v COMMISSION 
documents. It is for the Court to consider whether the failure to disclose the 
documents indicated by the official may have influenced, to his detriment, the 
course of the disciplinary proceedings and the content of the contested act. 
(see paras 92-93) 
See: Tzoanos v Commission, cited above, para. 35 
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