Information;Judgment — ECLI:EU:T:2022:511
Date: 2022-09-07
Language of the case: English
Court formation: Fourth Chamber
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Procedure: Staff cases - unfounded;Action for damages - unfounded

summary of the pleas in law on which the application is based – Unambiguous wording of the form of order sought by the applicant (Statute of the Court of Justice, Arts 21, first para., and 53, first para.; Rules of Procedure of the General Court, Art. 76(d)) (see paragraphs 197, 198) 15. Officials – Disciplinary measures – Procedure – Compliance with the principle of the presumption of innocence – Infringement – Conditions (Charter of Fundamental Rights of the European Union, Art. 48(1); Staff Regulations of Officials, Annex IX) (see paragraphs 200, 201) 16. Officials – Disciplinary measures – Penalty – Discretion of the appointing authority – Limits – Observance of the principle of proportionality – Judicial review – Scope (Charter of Fundamental Rights of the European Union, Art. 47; Staff Regulations of Officials, Art. 86(1), and Annex IX, Art. 10) (see paragraphs 209-212, 247-251) 17. Actions brought by officials – Application for damages linked to an application for annulment – Dismissal of application for annulment leading to dismissal of the application for damages (Staff Regulations of Officials, Arts 90 and 91) (see paragraphs 266, 267) 18. Officials – Disciplinary measures – Procedure – Time limits – Obligation on the administration to act within a reasonable period – Assessment – Non-compliance – Special circumstances – Burden of proof (Staff Regulations of Officials, Annex IX, Arts 18 and 22(1)) (see paragraphs 270, 273-275, 280, 281) 19. Officials – Non-contractual liability of the institutions – Conditions – Unlawfulness – Damage – Causal link – Cumulative conditions (Art. 340, second para., TFEU) (see paragraph 272) 20. Actions brought by officials – Actions for damages – Claim for compensation for non-material damage caused by the excessive duration of a disciplinary procedure – Admissibility – Conditions (Staff Regulations of Officials, Arts 90 and 91) (see paragraphs 283, 284) 21. 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, Art. 89(3)(d)) (see paragraphs 293, 295) Operative part The Court: 1. Dismisses the action; 2. Orders DD to pay, in addition to his own costs, those incurred by the European Union Agency for Fundamental Rights (FRA). 1 OJ C 339, 12.10.2020.