Judgment — ECLI:EU:T:2016:632
Date: 2016-10-27
Language of the case: English
Court formation: Appeals Chamber
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Procedure: Staff cases;Action for damages;Appeal - successful

Judgment of the General Court (Appeal Chamber) of 27 October 2016 — CW v Parliament (Case T‑309/15 P) (Appeal — Civil service — Officials — Psychological harassment — Duty of the administration to provide assistance — Article 24 of the Staff Regulations — Request for assistance — Provisional distancing measures — Duty to have regard for the welfare of staff — Responsibility — Claim for damages — Decision rejecting the administrative complaint — Distortion of the evidence — Error of law) 1. Actions brought by officials — Action against a decision rejecting a complaint — Effect — Disputed measure referred to the Court — Exception — Decision not confirmatory in character — Account taken of the reasoning therein (Staff Regulations, Arts 90 and 91) (see paras 26-28, 38, 39) 2. Appeal — Appeal held to be well founded — Annulment of a decision of the Civil Service Tribunal — Transfer to the General Court of jurisdiction to hear disputes between the EU and its agents — Dispute not in a condition to be adjudicated upon — Reference to a chamber other than that of the appeal (Regulation No 2016/1192, Art. 4) (see paras 41, 42) Re: APPEAL against the judgment of the European Union Civil Service Tribunal (First Chamber) of 26 March 2015, CW v Parliament (F‑124/13, EU:F:2015:23), seeking the setting aside of that judgment. Operative part The Court: 1. Sets aside the judgment of the European Union Civil Service Tribunal (First Chamber) of 26 March 2015, CW v Parliament (F‑124/13); 2. Refers the case to a chamber of the General Court other than that which ruled on the present appeal; 3. Reserves the costs.