Judgment — ECLI:EU:T:2016:3
Date: 2016-01-14
Language of the case: French
Court formation: Appeals Chamber
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Procedure: Staff cases - unfounded;Appeal - successful

Summary Officials — Disciplinary measures — Penalty — Mitigating circumstance — An official’s state of health — Official receiving medical treatment whilst being fit for work — Failure to take into account state of health when determining the penalty to be imposed — Not permissible (Staff Regulations, Annex IX, Art. 10) In disciplinary matters, an official’s mere fitness for work, as established in the findings of the Invalidity Committee, is not sufficient to determine whether that person’s state of health and the treatment he is receiving constitute a mitigating circumstance which the Disciplinary Board and hence the appointing authority must take into account in deciding on the penalty to impose in the disciplinary proceedings of which he is the subject. The fact that an official is, in principle, fit for work is not sufficient to exclude that, when present at his place of work, his services may be adversely affected, inter alia by an illness or disease and the relevant treatment. Nor does that fact exclude the official in question being put on sick leave so that he cannot be present at his place of work and in a position to perform his duties. (see paras 29-30)