Information;Judgment — ECLI:EU:T:2023:154
Date: 2023-03-22
Language of the case: French
Court formation: Fifth Chamber
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Procedure: Staff cases - unfounded;Action for damages - inadmissible

Judgment of the General Court (Fifth Chamber) of 22 March 2023 – Colombani v EEAS (Case T‑113/22) (1) (Civil service – Officials – Psychological harassment – Article 12a of the Staff Regulations – Request for assistance – Refusal of the request – Article 24 of the Staff Regulations – Rights of the defence – Error of assessment – Misuse of powers – Amicable settlement – Lack of consent – Retroactive promotion decision) 1. Officials – Obligation of administration to provide assistance – Scope – Duty of the administration to examine complaints of psychological harassment and inform the complainant of the action to be taken in respect of his or her complaint – Condition – Submission of prima facie evidence – None – Refusal of the request for assistance – Whether permissible – Breach of duty to have regard for the welfare of officials – None (Staff Regulations of Officials, Arts 12a(3) and 24) (see paragraphs 32-38, 52, 58, 60, 65, 69, 92, 112) 2. Officials – Obligation of administration to provide assistance – Lawfulness of an institution’s refusal to take measures – Assessment by reference to information available at the time of adoption of the decision (Staff Regulations of Officials, Arts 12a, 24 and 90(1)) (see paragraphs 39, 58) 3. Officials – Psychological harassment – Concept – Conduct attributable to a person other than the alleged harasser – Not included (Staff Regulations of Officials, Art. 12a) (see paragraph 53) 4. Fundamental rights – Charter of Fundamental Rights – Right to good administration – Requirement of impartiality – Concept – Existence of doubts over the appearances of impartiality concerning only one person within a collegiate body – Presumption of impartiality in the absence of evidence to the contrary (Charter of Fundamental Rights of the European Union, Art. 41(1)) (see paragraphs 81, 82) 5. Actions brought by officials – Prior administrative complaint – Nature of the procedure – Purpose – Re-examination of the contested decision – Consequence – Possibility for the administration to correct any irregularities – Scope – Neutralisation of a possible breach of the requirement of impartiality – Included (Staff Regulations of Officials, Art. 90) (see paragraphs 85-89) 6. Actions brought by officials – Pleas in law – Misuse of powers – Concept – Reminding an official of his or her obligations under the Staff Regulations – Not included (see paragraph 102) 7. Officials – Rights and obligations – Disclosure of information relating to the service – Requirement of prior authorisation – Authorisation based on the administration’s silence alone – Precluded (Staff Regulations of Officials, Arts 17 and 17a(2)) (see paragraph 103) 8. Officials – Rights and obligations – Disclosure of information relating to the service – Requirement of prior authorisation – Non-applicability to the giving of evidence before the Court of Justice or the Disciplinary Board – Scope – Giving of evidence before a national authority concerning the working conditions in an institution or body of the Union – Not included (Staff Regulations of Officials, Art. 19, second para.) (see paragraph 104) 9. Fundamental rights – Charter of Fundamental Rights – Right to petition the European Parliament – Need for a link between the subject matter of the petition and the Union’s fields of activity – Scope – Facts forming part of the working relationship between an EU official and his or her institution which is the subject of an administrative complaint or an action – Not included (Arts 227 and 270 TFEU; Charter of Fundamental Rights of the European Union, Art. 44) (see paragraph 105) Operative part The Court: 1. Dismisses the action; 2. Orders Mr Jean-Marc Colombani to pay the costs. 1 OJ C 165, 19.4.2022.