Case T-603/16: Judgment of the General Court of 22 November 2018 — Brahma v Court of Justice of the European Union (Civil service — Probationary officials — Probationary period — Extension of the probationary period — Dismissal at the end of the probationary period — Article 34 of the Staff Regulations — Misuse of powers — Obligation to state reasons — Article 25(2) of the Staff Regulations — Right to be heard — Article 90(2) of the Staff Regulations — Liability — Formal requirements — Rule of correspondence between the application and the complaint — Admissibility — Material damage — Non-material damage — Causal link)
Date: 2018-11-22
Institutions: General Court
Subjects: European official, abuse of power, damages, probationary period, rights of the defence, unfair dismissal








C_2019035EN.01001901.xml










28.1.2019   


EN


Official Journal of the European Union


C 35/19






Judgment of the General Court of 22 November 2018 — Brahma v Court of Justice of the European Union
(Case T-603/16) (1)

((Civil service - Probationary officials - Probationary period - Extension of the probationary period - Dismissal at the end of the probationary period - Article 34 of the Staff Regulations - Misuse of powers - Obligation to state reasons - Article 25(2) of the Staff Regulations - Right to be heard - Article 90(2) of the Staff Regulations - Liability - Formal requirements - Rule of correspondence between the application and the complaint - Admissibility - Material damage - Non-material damage - Causal link))
(2019/C 35/23)
Language of the case: French

Parties


Applicant: Zoher Brahma (Thionville, France) (represented by: A. Tymen, lawyer)

Defendant: Court of Justice of the European Union (represented by: initially, J. Inghelram and L. Tonini Alabiso and, subsequently, J. Inghelram and Á. Almendros Manzano, acting as Agents)

Re:

Action brought under Article 270 TFEU seeking, first, annulment of the decision of 17 July 2015 by which the Court of Justice of the European Union decided not to establish the applicant [as an official] and to dismiss him with effect from 31 July 2015 and of the decision of the Complaints Committee of 16 March 2016 rejecting the complaint brought by the applicant against the decision of 17 July 2015 and, second, compensation in respect of the material and non-material harm allegedly suffered by the applicant as a result of those decisions.

Operative part of the judgment

The Court:






1.


Annuls the decision of the Registrar of the Court of Justice of the European Union, in his capacity as Appointing Authority, of 17 July 2015, dismissing Mr Zoher Brahma at the end of his probationary period, with effect from 31 July 2015;










2.


Annuls the decision of the Complaints Committee of 16 March 2016 rejecting the complaint against the decision of the Registrar of the Court of Justice of the European Union, in his capacity as Appointing Authority, of 17 July 2015, dismissing Mr Zoher Brahma at the end of his probationary period, with effect from 31 July 2015;










3.


Dismisses the action as to the remainder;










4.


Orders the Court of Justice of the European Union to pay the costs.






(1)  OJ C 296 of 16.8.2016 (case initially registered before the European Union Civil Service Tribunal under Case No F-33/16 and transferred to the General Court of the European Union on 1.9.2016).