CELEX: 62015FA0102
Language: en
Date: 2016-05-12 00:00:00
Title: Case F-102/15: Judgment of the Civil Service Tribunal (3rd Chamber) of 12 May 2016 — FS v EESC (Civil service — Temporary staff — Article 41 of the Charter of Fundamental Rights — Right of every person to have access to his or her file — Access to documents concerning an attempt at mediation — Attempt at mediation initiated by the current president of the EESC and conducted under the auspices of a former president of the EESC — Right of access to the report drawn up at the end of the mediation procedure — Administrative investigation opened after the mediation procedure — Article 3 of Annex IX to the Staff Regulations)

20.6.2016   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 222/38
            
         Judgment of the Civil Service Tribunal (3rd Chamber) of 12 May 2016 — FS v EESC
   (Case F-102/15) (1)
   
   ((Civil service - Temporary staff - Article 41 of the Charter of Fundamental Rights - Right of every person to have access to his or her file - Access to documents concerning an attempt at mediation - Attempt at mediation initiated by the current president of the EESC and conducted under the auspices of a former president of the EESC - Right of access to the report drawn up at the end of the mediation procedure - Administrative investigation opened after the mediation procedure - Article 3 of Annex IX to the Staff Regulations))
   (2016/C 222/49)
   Language of the case: French
   
      Parties
   
   
      Applicant: FS (represented by: L. Levi and A. Tymen, lawyers)
   
      Defendant: European Economic and Social Committee (represented by: K. Gambino, X. Chamodraka, M. Pascua Mateo, A. Carvajal and L. Camarena Januzec, Agents, and B. Wägenbaur, lawyer)
   
      Re:
   
   Application for annulment of the decisions of the EESC rejecting the application for access to documents made by the applicant and an application for compensation in respect of the non-material harm allegedly incurred.
   
      Operative part of the judgment
   
   The Tribunal:
   
               1.
            
            
               Annuls the decision of 19 November 2014 of the president of the European Economic and Social Committee (EESC) in so far as it notifies the refusal to communicate to FS a report concerning her, drawn up by a former president of the EESC at the request of the current president of the EESC;
            
         
               2.
            
            
               Declares the claims for annulment to be redundant as to the remainder;
            
         
               3.
            
            
               Orders the European Economic and Social Committee to pay FS a sum of EUR 1 000 by way of compensation for the non-material harm she has suffered;
            
         
               4.
            
            
               Declares that the European Economic and Social Committee is to bear its own costs and orders it to pay the costs incurred by FS.
            
         
      (1)  OJ C 302, 14/9/2015, p. 70.