Information;Judgment — ECLI:EU:T:2024:426
Date: 2024-06-26
Language of the case: French
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Procedure: Staff cases - unfounded;Action for damages - unfounded

summary of the text (Staff Regulations of Officials, Art. 12a) (see paragraphs 95, 99, 116, 193) 7. Actions brought by officials – Contested act – Assessment of lawfulness – Criteria (Staff Regulations of Officials, Art. 91) (see paragraphs 149, 371, 381) 8. Officials – Psychological harassment – Internal investigation – Obligation to hear the alleged victim – Scope (Charter of Fundamental Rights of the European Union, Art. 41(2); Staff Regulations of Officials, Art 12a) (see paragraphs 185-192) 9. Officials – Duty of the administration to have regard for the welfare of officials – Obligation to address to an official or member of staff an individual decision worded in a language of which he or she has a thorough knowledge – Scope – No obligation to use the language of the initial correspondence (see paragraphs 211, 272, 273) 10. Officials – Psychological harassment – Burden of proof – Obligation for the party concerned to provide prima facie evidence – Scope – Adoption of protective measures vis-à-vis that party – State of health of the person concerned and opinions of medical experts – Circumstances not constituting prima facie evidence (Staff Regulations of Officials, Art. 12a) (see paragraphs 222, 320, 321, 330-333, 345, 380) 11. Officials – Psychological harassment – Meaning – Difficult or even conflicting relationships that the person concerned has with his or her colleagues or superiors – Not included – Negative observations made to an official – Not included – Conditions (Staff Regulations of Officials, Art. 12a(3)) (see paragraphs 278-280, 286, 297, 339-341, 350, 351) 12. Officials – Psychological harassment – Burden of proof – Obligation for the party concerned to provide prima facie evidence – Rejection of a request for assistance for lack of evidence – Challenge by the person concerned – Judicial review – Limits (Staff Regulations of Officials, Art. 12a) (see paragraph 282) 13. Actions brought by officials – Pleas in law – Plea alleging psychological harassment – Challenge brought against the decisions taken by the applicant’s line managers – Obligation to demonstrate the impact of their actions on the content of the contested decisions (Staff Regulations of Officials, Art. 12a) (see paragraph 358) 14. Actions brought by officials – Pleas in law – Plea alleging psychological harassment – Obligation to take into account the relevant factual context as a whole (Staff Regulations of Officials, Art. 12a) (see paragraphs 363, 371, 381) 15. Officials – Psychological harassment – Meaning – Administrative decisions and disagreements with the administration on questions related to the organisation of the services – Not included (Staff Regulations of Officials, Art. 12a(3)) (see paragraphs 367, 368) Operative part The Court: 1. Dismisses the action; 2. Orders PB to pay the costs. 1 OJ C 45, 6.2.2023.