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Document 62015FA0102

    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)

    OJ C 222, 20.6.2016, p. 38–39 (BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    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.


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