Information;Judgment — ECLI:EU:C:2024:358
Date: 2024-04-25
Language of the case: French
Court formation: Seventh Chamber
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Procedure: Appeal - unfounded;Appeal - inadmissible;Staff cases;Action for damages

Judgment of the Court (Seventh Chamber) of 25 April 2024 – NS v Parliament (Case C‑218/23 P) (1) ( Appeal – Civil service – Officials – Reassignment – Interests of the service – Correspondence between the grade and the post – Loss of an allowance – Right to be heard – Obligation to state reasons – Duty to have regard for the welfare of officials ) 1. Officials – Organisation of departments – Assignment of staff – Reassignment in the interests of the service – Reassignment to a non-managerial post – Right of the person concerned to be heard – Limits (Charter of Fundamental Rights of the European Union, Art. 41(2)(a); Staff Regulations of Officials, Art. 7) (see paragraphs 47-49, 62, 63, 78, 97) 2. Officials – Decision adversely affecting an official – Obligation to state reasons – Scope (Art. 296, second para., TFEU; Staff Regulations of Officials, Art. 25, second para.) (see paragraphs 98, 103) 3. Officials – Organisation of departments – Assignment of staff – Reassignment – Administration’s discretion – Duty of the administration to have regard for the welfare of officials – Consideration of the interests of the official concerned – Limits – Judicial review – Scope (Staff Regulations of Officials, Arts 7(1) and 24) (see paragraphs 112-115, 124) Operative part The Court: 1. Dismisses the appeal; 2. Orders NS to bear her own costs and to pay those incurred by the European Parliament. 1 OJ C 252, 17.7.2023.