Judgment of the General Court (First Chamber) of 13 December 2018 –

CN v Parliament

(Case T‑76/18)

(Civil service — Accredited parliamentary assistants — Article 24 of the Staff Regulations — Request for assistance — Article 12a of the Staff Regulations — Psychological harassment — Advisory Committee dealing with complaints between Accredited Parliamentary Assistants and Members of the European Parliament concerning harassment and its prevention at the workplace — Decision rejecting the request for assistance — Right to be heard — Principle of audi alteram partem — Refusal to disclose the opinion of the Advisory Committee and the minutes of the hearing of witnesses — Refusal of the defendant institution to comply with a measure of inquiry of the General Court)

1. Officials — Obligation of administration to provide assistance — Scope — Duty of the administration to examine requests for assistance concerning psychological harassment and to inform the requester of the decision taken on the request — Condition (Staff Regulations of Officials, Arts 24 and 90(1)) (see paras 47-50)

2. Officials — Obligation of administration to provide assistance — Implementation in the case of psychological harassment — Bringing of a request for assistance — Opening of an administrative inquiry — Need to conduct the inquiry until its conclusion (Staff Regulations of Officials, Arts 12a and 24) (see paras 51, 52)

3. Officials — Principles — Rights of defence — Request for assistance regarding alleged psychological harassment — Duty of the administration to hear the person who submitted that request — Scope (Charter of Fundamental Rights of the European Union, Arts 41 and 48; Staff Regulations of Officials, Arts 12a and 24) (see paras 54, 55, 58, 62)

4. Officials — Principles — Rights of defence — Request for assistance regarding alleged psychological harassment — Duty of the administration to hear the alleged harasser — Scope (Charter of Fundamental Rights of the European Union, Art. 48; Staff Regulations of Officials, Art. 12a) (see paras 56, 57)

5. Officials — Rights and obligations — Internal inquiry into alleged psychological harassment — Duty to communicate to the requester the opinion of the committee responsible for conducting the inquiry — Duty to hear that requester — Scope (Staff Regulations of Officials, Arts 12a and 24) (see paras 67, 68, 72)

6. Officials — Rights and obligations — Internal inquiry into alleged psychological harassment — Duty to communicate to the person requesting assistance the minutes of the hearing of witnesses heard by the committee responsible for conducting the inquiry — None (Charter of Fundamental Rights of the European Union, Art. 41; Staff Regulations of Officials, Arts 12a and 24) (see paras 75-77, 79)

7. Judicial proceedings — Measures of organisation of procedure — Request for production of documents — Request for information contained in an inquiry report drawn up following a request for assistance relating to alleged psychological harassment — Confidentiality of documents — Assessment by the EU judicature (Charter of Fundamental Rights of the European Union, Art. 47) (see paras 83, 87)

8. Actions brought by officials — Actions for damages — Annulment of the illegal act in dispute — Non-material harm capable of being separated from the illegality and incapable of being fully compensated for by the annulment (Staff Regulations of Officials, Art. 91) (see para. 97)

9. Officials — Obligation of administration to provide assistance — Implementation in the case of psychological harassment — Handling of a request for assistance — Duty to act within a reasonable time — Scope (Staff Regulations of Officials, Art. 24) (see paras 103-106)

Re:

Application based on Article 270 TFEU seeking, first, annulment of the decision of the Parliament of 20 March 2017 by which the authority empowered to conclude contracts of employment of that institution rejected the request for assistance made by the applicant on 13 February 2013 and, second, compensation for the loss he has allegedly suffered.

Operative part

The Court:

1. Annuls the decision of the European Parliament of 20 March 2017, by which the authority empowered to conclude contracts of employment of that institution rejected the request for assistance made by CN on 13 February 2013;

2. Orders the Parliament to pay CN, in respect of non-material harm suffered, an amount of EUR 8500;

3. Dismisses the action as to the remainder;