Case C-130/22 P: Judgment of the Court (Fifth Chamber) of 12 December 2024 – DD v European Union Agency for Fundamental Rights (FRA) (Appeal – Civil service – Staff Regulations of Officials of the European Union and Conditions of Employment of Other Servants of the European Union – Members of the temporary staff – Termination of a contract concluded for an indefinite period – Notice period – Maintenance of the duty of loyalty and of confidentiality – Disciplinary proceedings – Initiation of an administrative inquiry – Closure of the case without further action – Unlawful conduct attributable to the appointing authority – Non-material damage – Proof – Conditions necessary for the European Union to incur non-contractual liability)
Date: 2024-12-12
Institutions: Court of Justice
Subjects: disciplinary proceedings, dismissal, full-time employment, indemnification, proof, servant (EU), staff regulations (EU)








C_202500683EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2025/683


10.2.2025






Judgment of the Court (Fifth Chamber) of 12 December 2024 – DD v European Union Agency for Fundamental Rights (FRA)


(Case C-130/22 P)
                (1)

(Appeal - Civil service - Staff Regulations of Officials of the European Union and Conditions of Employment of Other Servants of the European Union - Members of the temporary staff - Termination of a contract concluded for an indefinite period - Notice period - Maintenance of the duty of loyalty and of confidentiality - Disciplinary proceedings - Initiation of an administrative inquiry - Closure of the case without further action - Unlawful conduct attributable to the appointing authority - Non-material damage - Proof - Conditions necessary for the European Union to incur non-contractual liability)
(C/2025/683)
Language of the case: English

Parties


Appellant: DD (represented by: N. Lorenz, Rechtsanwältin)

Other party to the proceedings: European Union Agency for Fundamental Rights (FRA) (represented initially by M. O’Flaherty, and subsequently by S. Rautio, acting as Agents, and by B. Wägenbaur, 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, DD v FRA (T-703/19, EU:T:2021:923), in so far as, first, it dismissed the fifth plea of unlawfulness raised by DD and, second, it rejected as unfounded the claim for damages in the action relating to the third plea of unlawfulness, to the extent to which that claim sought compensation for the damage suffered by the appellant as a result of the breach, by the European Union Agency for Fundamental Rights (FRA), of the obligation to inform him, in good time, of the existence of an administrative inquiry in his regard and of the failure to communicate to him the documents directly related to the allegations made against him;










2.


Dismisses the remainder of the appeal;










3.


Refers the case back to the General Court of the European Union for a ruling on the action at first instance with regard, first, to the fifth plea of unlawfulness put forward by DD in support of that action and, second, to the fact of the non-material damage put forward by DD in the third plea of unlawfulness as a result of the breach, by the European Union Agency for Fundamental Rights (FRA), of the obligation to inform him, in good time, of the existence of an administrative inquiry in his regard and of the failure to communicate to him the documents directly related to the allegations made against him;










4.


Reserves the costs.






(1)  
            OJ C 237, 20.6.2022.


ELI: http://data.europa.eu/eli/C/2025/683/oj
ISSN 1977-091X (electronic edition)