Judgment of the General Court (Fourth Chamber) of 5 October 2020 –

Broughton v Eurojust

(Case T‑87/19)

(Civil service – Members of the temporary staff – Deferment of advancement to a higher step for a period of six months – Annulment of reclassification in the higher grade – Ability to work in a third language – Administrative investigation – Duty to act in good faith – Impartiality – Rights of the defence – Equality of arms – Obligation to state reasons – Articles 11 and 12 of the Staff Regulations)

1. Judicial proceedings – Publicity of decisions – Disputes involving the civil service – Request by a party to omit the names of third parties, together with their titles and functions – Court’s obligation to ensure a fair balance between the publicity of decisions and the right to protection of personal data – Omission of titles and functions which may have a detrimental effect on access to and the understanding of judgments – Rejection (Art. 16 TFEU; Charter of Fundamental Rights of the European Union, Art. 47; Statute of the Court of Justice, Art. 37) (see paras 49, 50)

2. Officials – Disciplinary measures – Enquiry preceding the initiation of disciplinary proceedings – Investigators’ obligations – Requirements of independence and impartiality – Scope (see paras 64, 66, 67)

3. Officials – Disciplinary measures – Enquiry preceding the initiation of disciplinary proceedings – Administration's discretion – Limits – Hearing of witnesses at the request of the official concerned – Obligation of the person concerned to substantiate his request – Scope (Staff Regulations, Annex IX) (see paras 78, 79, 81, 82, 84-86)

4. Officials – Disciplinary measures – Procedure – Observance of the rights of the defence – Obligation to disclose to the person concerned the minutes of the hearings of witnesses – Infringement – Annulment of the disciplinary decision – Conditions (Charter of Fundamental Rights, Art. 41(2)(a); Staff Regulations, Annex IX, Arts 17 and 18) (see paras 96-100, 103)

5. Officials – Europol staff – Recruitment – Obligation to prove ability to work in a second and a third language – Scope (Council Decision 2002/187/JHA, Art. 30(1); Conditions of Employment of Other Servants of the European Union, Art. 12(2)(e)) (see paras 113, 114, 116)

6. Officials – Members of the temporary staff – Rights and obligations – Duty of loyalty – Definition – Scope – Finding of failure to comply – Need for deliberate conduct (Staff Regulations, Arts 11 and 12) (see para. 149)

7. Officials – Disciplinary measures – Penalty – Aggravating circumstances – Membership of the person concerned of the management staff (Staff Regulations, Annex IX) (see para. 161)

8. Actions brought by officials – Unlimited jurisdiction – Findings referring to the reimbursement of amounts paid to the opposing party – Admissibility (Staff Regulations, Art. 91(1)) (see para. 175)

Re:

Action brought under Article 270 TFEU seeking, in essence, first, annulment of the decisions of 4 May 2018 by which Eurojust deferred the applicant’s advancement to a higher step for a period of six months, held that French was his third language, annulled his reclassification from grade AD 9 to AD 10, which occurred in 2012, and proceeded to recover the amounts received since that year on account of that reclassification, second, a declaration that French must be considered to be the applicant’s second language and Dutch his third language, third, a declaration that the recovery of the amounts received by the applicant as a result of his reclassification in grade was unlawful and that the amounts recovered by Eurojust must be reimbursed to the applicant and, fourth, a declaration that Eurojust must restore the applicant’s legal position to what it was previously.

Operative part

The Court:

1. Dismisses the action;