Case C-111/22 P: Judgment of the Court (First Chamber) of 11 January 2024 — Helene Hamers v European Centre for the Development of Vocational Training (Cedefop) (Appeal — Civil service — Official — Investigation by the European Anti-Fraud Office (OLAF) — National criminal proceedings — National decision to acquit the appellant — Damage allegedly sustained as a result of the unlawful conduct of the European Centre for the Development of Vocational Training (Cedefop) during the national criminal proceedings — Rejection of the claim for damages brought by the appellant — Action for annulment and for damages — Article 41(1) of the Charter of Fundamental Rights of the European Union — Requirement of impartiality — Conflict of interests — Article 48(1) of the Charter of Fundamental Rights — Presumption of innocence — Principle of sincere cooperation — Annulment of the contested decision in part)
Date: 2024-01-11
Institutions: Court of Justice
Subjects: European Anti-fraud Office, European official, conflict of interest, criminal proceedings, damages, indemnification, rights of the defence








C_202401499EN.000101.fmx.xml












Official Journal of the European Union


EN
Series C













C/2024/1499


26.2.2024





Judgment of the Court (First Chamber) of 11 January 2024 — Helene Hamers v European Centre for the Development of Vocational Training (Cedefop)
(Case C-111/22 P) (1)

(Appeal - Civil service - Official - Investigation by the European Anti-Fraud Office (OLAF) - National criminal proceedings - National decision to acquit the appellant - Damage allegedly sustained as a result of the unlawful conduct of the European Centre for the Development of Vocational Training (Cedefop) during the national criminal proceedings - Rejection of the claim for damages brought by the appellant - Action for annulment and for damages - Article 41(1) of the Charter of Fundamental Rights of the European Union - Requirement of impartiality - Conflict of interests - Article 48(1) of the Charter of Fundamental Rights - Presumption of innocence - Principle of sincere cooperation - Annulment of the contested decision in part)
(C/2024/1499)
Language of the case: Greek

Parties


Appellant: Helene Hamers (represented by: V. Christianos, A. Politis and M. Rodopoulos, dikigoroi)

Other party to the proceedings: European Centre for the Development of Vocational Training (Cedefop) (represented by: J. Siebel, acting as Agent, B. Wägenbauer, Rechtsanwalt)

Operative part of the judgment

The Court:






1.


Sets aside the judgment of the General Court of the European Union of 21 December 2021, Hamers v Cedefop (T-159/20, EU:T:2021:913) in so far as it dismissed the second plea in law relied on before the General Court, alleging infringement of the requirement of impartiality, and in so far as it dismissed the claim for damages, to the extent that that dismissal is based on the dismissal of the second plea;










2.


Dismisses the appeal as to the remainder;










3.


Refers the case back to the General Court of the European Union for a ruling on the claim for annulment and the claim for damages, to the extent that those claims were based on the second plea in law relied on before the General Court;










4.


Reserves the costs.






(1)  
            OJ C 222, 7.6.2022.


ELI: http://data.europa.eu/eli/C/2024/1499/oj
ISSN 1977-091X (electronic edition)