Case T-742/16: Judgment of the General Court of 16 May 2017 — CW v Parliament (Civil service — Officials — Psychological harassment — Article 12a of the Staff Regulations — Obligation to provide assistance — Internal Rules for the Advisory Committee on Harassment and its Prevention in the Workplace — Article 24 of the Staff Regulations — Request for assistance — Rejection — Decision rejecting the complaint — Independent content — Premature nature of the complaint — None — Role and powers of the Advisory Committee on Harassment and its Prevention in the Workplace — Option for an official to approach the Committee — Non-contractual liability)
Date: 2017-05-16
Institutions: General Court
Subjects: European official, damages, psychological harassment, staff regulations (EU)








C_2017221EN.01002502.xml










10.7.2017   


EN


Official Journal of the European Union


C 221/25





Judgment of the General Court of 16 May 2017 — CW v Parliament
(Case T-742/16) (1)

((Civil service - Officials - Psychological harassment - Article 12a of the Staff Regulations - Obligation to provide assistance - Internal Rules for the Advisory Committee on Harassment and its Prevention in the Workplace - Article 24 of the Staff Regulations - Request for assistance - Rejection - Decision rejecting the complaint - Independent content - Premature nature of the complaint - None - Role and powers of the Advisory Committee on Harassment and its Prevention in the Workplace - Option for an official to approach the Committee - Non-contractual liability))
(2017/C 221/35)
Language of the case: English

Parties


Applicant: CW (represented by: C. Bernard-Glanz, lawyer)

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

Re:

Action pursuant to Article 270 TFEU seeking, first, annulment of the European Parliament’s decision of 8 April 2013 refusing to grant the request for assistance, submitted by the applicant because of the psychological harassment to which she felt she had been subjected by her superiors, and annulment of the decision of the Secretary-General of the Parliament of 23 October 2013 rejecting her complaint of 9 July 2013 and, second, damages to make good the loss the applicant is alleged to have suffered.

Operative part of the judgment

The Court:






1.


Annuls the decision of 23 October 2013 of the Secretary General of the European Parliament, acting as the appointing authority, rejecting CW’s complaint of 9 July 2013;










2.


Rejects as inadmissible the application for annulment of the decision of the Parliament of 8 April 2013 rejecting the request for assistance made by CW;










3.


Orders the Parliament to pay CW, in respect of non-material damage suffered, a sum of EUR 2 000 with default interest from the date of delivery of the present judgment at the rate fixed by the European Central Bank (ECB) for its main refinancing operations;










4.


Dismisses the claim for damages as to the remainder;










5.


Declares that the Parliament is to bear its own costs and orders it to pay those incurred by CW in the original proceedings before the Civil Service Tribunal in the action in Case F-124/13, in the proceedings on appeal in Case T-309/15 P and in the present proceedings after referral back in Case T-742/16 RENV.






(1)  OJ C 52, 22.2.2014 (case initially registered before the European Union Civil Service Tribunal under Case No F-124/13).