Information;Order — ECLI:EU:C:2022:752
Date: 2022-10-03
Language of the case: German
Court formation: Seventh Chamber
Subject matter: Staff regulations and employment conditions - EC;Procedural provisions
Procedure: Appeal;Staff cases;Action for damages;Application as to costs

Judgment of the Court (Eighth Chamber) of 12 November 2020 – Pethke v EUIPO (Case C‑382/19 P)(1) (Appeal – Civil Service – Official – Internal reorganisation of the services of the European Union Intellectual Property Office (EUIPO) – Redeployment – Article 7 of the Staff Regulations of Officials of the European Union – Covert penalty – Interests of the service – Equivalence of posts – Obligation to state reasons – Distortion of the facts – Psychological harassment – Article 12a of the Staff Regulations of Officials of the European Union) 1. Officials – Reorganisation of departments – Reassignment – Compliance with the principle of assignment to an equivalent post – Scope – Right to retain specific duties – None (Staff Regulations, Arts 7(1) and 45(1); European Parliament and Council Regulation No 1023/2013, recital 19) (see paras 50-52, 54, 55) 2. Appeal – Grounds – Incorrect assessment of the facts and evidence – Inadmissibility – Review by the Court of the assessment of the facts and evidence – Possible only where the clear sense of the evidence has been distorted – Ground of appeal alleging distortion of the clear sense of the evidence – Need to indicate precisely the evidence alleged to have been distorted and show the errors of appraisal which led to that distortion – Requirement that the distortion be obvious from the documents in the file (Art. 256(1), second para., TFEU; Statute of the Court of Justice, Art. 58, first para.; Rules of Procedure of the Court of Justice, Art. 168(1)(d)) (see paras 60-62, 65, 77, 79, 86) 3. Officials – Psychological harassment – Definition – Reassignement without evidence of misconduct – Precluded (Staff Regulations, Art. 12a(3)) (see paras 95-97) Operative part The Court: 1. Dismisses the appeal; 2. Orders Mr Ralph Pethke to bear his own costs and pay those incurred by the European Union Intellectual Property Office (EUIPO). 1 OJ C 337, 7.10.2019.