Case F-132/14: Judgment of the Civil Service Tribunal (1st Chamber) of 6 October 2015 — CH v Parliament (Civil service — Accredited parliamentary assistants — Article 266 TFEU — Measures executing an annulling judgment of the Tribunal — Annulment of a dismissal decision — Annulment of a decision rejecting a request for assistance made under Article 24 of the Staff Regulations — Scope of the obligation to provide assistance where there is at least some evidence of harassment — Obligation on the AECE to conduct an administrative inquiry — Option for the official or member of staff to bring proceedings under national law — Advisory Committee dealing with harassment complaints between Accredited Parliamentary Assistants and Members of the European Parliament and its prevention at the workplace — Role and powers — Material and non-material harm)
Date: 2015-10-06
Institutions: Civil Service Tribunal
Subjects: European official, damages, disciplinary proceedings, dismissal, indemnification, psychological harassment, servant (EU)








C_2015381EN.01006401.xml










16.11.2015   


EN


Official Journal of the European Union


C 381/64





Judgment of the Civil Service Tribunal (1st Chamber) of 6 October 2015 — CH v Parliament
(Case F-132/14) (1)

((Civil service - Accredited parliamentary assistants - Article 266 TFEU - Measures executing an annulling judgment of the Tribunal - Annulment of a dismissal decision - Annulment of a decision rejecting a request for assistance made under Article 24 of the Staff Regulations - Scope of the obligation to provide assistance where there is at least some evidence of harassment - Obligation on the AECE to conduct an administrative inquiry - Option for the official or member of staff to bring proceedings under national law - Advisory Committee dealing with harassment complaints between Accredited Parliamentary Assistants and Members of the European Parliament and its prevention at the workplace - Role and powers - Material and non-material harm))
(2015/C 381/90)
Language of the case: French

Parties


Applicant: CH (represented by: L. Levi, C. Bernard-Glanz and A. Tymen, lawyer)

Defendant: European Parliament (represented by: E. Taneva and M. Dean, Agents)

Re:

Application seeking annulment of the decisions taken by the European Parliament to execute the judgment of the Civil Service Tribunal of 12 December 2013, F-129/12, CH v Parliament, refusing to open an administrative inquiry in relation to the applicant’s complaint alleging harassment, seeking that the applicant be paid a supplementary sum of pecuniary compensation and seeking that the applicant be granted all the benefits and incidental benefits linked to the existence of his contract as an accredited parliamentary assistant, the termination of which was annulled by the Tribunal in its judgment mentioned above, and an application seeking damages for the material and non-material harm allegedly suffered.

Operative part of the judgment

The Tribunal:






1.


Annuls the European Parliament’s decision of 2 April 2014, as confirmed by the decision of 4 August 2014 rejecting the complaint, in so far as the European Parliament, in breach of Article 266 TFEU, refused to pay CH a supplementary sum of EUR 5  686 by way of execution of the judgment of 12 December 2013 in CH v Parliament (F-129/12, EU:F:2013:203);










2.


Annuls the European Parliament’s decision of 3 March 2014, as confirmed by the decision of 4 August 2014 rejecting the complaint, in so far as, following the annulment by the judgment of 12 December 2013 in CH v Parliament (F-129/12, EU:F:2013:203) of the European Parliament’s decision of 15 March 2012 rejecting CH’s request for assistance of 22 December 2011, the European Parliament decided not to open an administrative inquiry on the alleged psychological harassment and thus infringed Article 266 TFEU;










3.


Dismisses the claims for annulment as to the remainder;










4.


Orders the European Parliament to pay CH the sum of EUR 5  686, together with default interest accruing as of 1 July 2014 (the date when CH’s employment was terminated) at the rate fixed by the European Central Bank for its main refinancing operations, increased by two points;










5.


Orders the European Parliament to pay CH a sum of EUR 25  000 by way of compensation for the non-material harm suffered, together with default interest accruing as of 4 August 2014 at the rate fixed by the European Central Bank for its main refinancing operations, increased by two points;










6.


Dismisses the claims for damages as to the remainder;










7.


Declares that the European Parliament is to bear its own costs and orders it to pay the costs incurred by CH.






(1)  OJ C 34, 2.2.2015, p. 52.