This document is an excerpt from the EUR-Lex website
Document 62015TJ0742
Judgment of the General Court (Appeal Chamber) of 19 July 2017.
DD v European Union Agency for Fundamental Rights (FRA).
Appeal — Civil service — Members of the temporary staff — Contract of indefinite duration — Disciplinary penalty — Reprimand — Termination of contract — Right to be heard — Non-material harm.
Case T-742/15 P.
Judgment of the General Court (Appeal Chamber) of 19 July 2017.
DD v European Union Agency for Fundamental Rights (FRA).
Appeal — Civil service — Members of the temporary staff — Contract of indefinite duration — Disciplinary penalty — Reprimand — Termination of contract — Right to be heard — Non-material harm.
Case T-742/15 P.
Court reports – general – 'Information on unpublished decisions' section
Judgment of the General Court (Appeal Chamber) of 19 July 2017 —
DD v FRA
(Case T‑742/15 P)
(Appeal — Civil service — Members of the temporary staff — Contract of indefinite duration — Disciplinary penalty — Reprimand — Termination of contract — Right to be heard — Non-material harm)
1. |
Appeal — Pleas in law — Pleas seeking modification of the reasoning of a judgment of the Civil Service Tribunal — Criticism of grounds having no influence on the operative part of the judgment under appeal — Inadmissibility (Statute of the Court of Justice, Annex I, Art. 9) (see para. 36) |
2. |
Appeal — Grounds — No precise criticism of a point of reasoning of the Civil Service Tribunal and no legal arguments in support of the appeal — Inadmissibility (Art. 256 TFEU; Statute of the Court of Justice, Art. 58, first para.; Rules of Procedure of the General Court, Art. 194) (see para. 41) |
3. |
Officials — Non-contractual liability of the institutions — Conditions — Unlawfulness — Damage — Causal link (see paras 48, 77) |
4. |
Actions brought by officials — Actions for damages — Annulment of the illegal act in dispute — Whether appropriate reparation for non-material damage (Staff Regulations, Art. 91) (see paras 72, 83) |
5. |
Appeal — Grounds — Review by the General Court of the assessment of the evidence made by the Civil Service Tribunal — Possible only where the clear sense of the evidence has been distorted — Ground of appeal alleging distortion of the clear sense of the evidence — Need to indicate precisely the evidence alleged to have been distorted and showing the errors of appraisal which led to that distortion (Art. 256 TFEU; Statute of the Court of Justice, Art. 58, first para.; Rules of Procedure of the General Court, Art. 195(2)) (see paras 84, 85) |
Re:
APPEAL brought against the judgment of the European Union Civil Service Tribunal (Second Chamber) of 8 October 2015, DD v FRA (F‑106/13 and F‑25/14, EU:F:2015:118), seeking to have that judgment set aside in part.
Operative part
The Court:
1. |
Dismisses the appeal; |
2. |
Orders DD to bear his own costs; |
3. |
Orders the European Union Agency for Fundamental Rights (FRA) to bear its own costs. |