This document is an excerpt from the EUR-Lex website
Document 62017TJ0614
Judgment of the General Court (Third Chamber) of 6 June 2019.
Laurence Bonnafous v Education, Audiovisual and Culture Executive Agency.
Civil service — Contract staff — Dismissal at the end of the probationary period — Normal probationary conditions — Psychological harassment — Principle of sound administration — Duty of care — Rights of the defence — Right to be heard — Manifest error of assessment — Misuse of powers — Liability.
Case T-614/17.
Judgment of the General Court (Third Chamber) of 6 June 2019.
Laurence Bonnafous v Education, Audiovisual and Culture Executive Agency.
Civil service — Contract staff — Dismissal at the end of the probationary period — Normal probationary conditions — Psychological harassment — Principle of sound administration — Duty of care — Rights of the defence — Right to be heard — Manifest error of assessment — Misuse of powers — Liability.
Case T-614/17.
Court reports – general
Judgment of the General Court (Third Chamber) of 6 June 2019 –
Bonnafous v EACEA
(Case T‑614/17)
(Civil service — Contract staff — Dismissal at the end of the probationary period — Normal probationary conditions — Psychological harassment — Principle of sound administration — Duty of care — Rights of the defence — Right to be heard — Manifest error of assessment — Misuse of powers — Liability)
1. |
Officials — Members of the contract staff — Recruitment — Probationary period — Organisation of a middle interview — Time limit (Conditions of Employment of Other Servants of the European Union, Art. 84) (see para. 64) |
2. |
Officials — Members of the contract staff — Recruitment — Probationary period — Report at the end of the probationary period — Delay in drawing up report — Validity (Conditions of Employment of Other Servants of the European Union, Art. 84) (see paras 72-74) |
3. |
Officials — Members of the contract staff — Principles — Rights of defence — Scope — Obligation to hear the person concerned before adopting a decision to dismiss him — Observance of the rights of the defence in connection with dismissal at the end of the probationary period (Charter of Fundamental Rights of the European Union, Art. 41(2)(a); Conditions of Employment of Other Servants of the European Union, Art. 84(3)) (see paras 78, 79) |
4. |
EU law — Principles — Rights of defence — Documents which were not the subject of comment by the person concerned — Exclusion as evidence — Limits (see para. 80) |
5. |
Officials — Members of the contract staff — Recruitment — Probationary period — Subject-matter — Conditions for conduct — Assessment in relation to the duties performed by the probationary official (Conditions of Employment of Other Servants of the European Union, Art. 84) (see paras 109, 128) |
6. |
Officials — Members of the contract staff — Recruitment — Probationary period — Obligation to fix objectives to be achieved (Conditions of Employment of Other Servants of the European Union, Art. 84) (see para. 153) |
7. |
Officials — Members of the contract staff — Recruitment — Assessment of duties falling within the various function groups — Discretion of the authority authorised to conclude contracts of employment — Judicial review — Limits (Conditions of Employment of Other Servants of the European Union, Art. 80(2)) (see para. 163) |
8. |
Officials — Recruitment — Probationary period — Assessment of results — Assessment of the suitability of a probationary official — Judicial review — Limits — Manifest error of assessment — Meaning (Staff Regulations of Officials, Art. 34) (see paras 175-179) |
9. |
Officials — Members of the contract staff — Recruitment — Probationary period — Decision to dismiss at the end of the probationary period — Psychological harassment — Meaning — Dismissal in the context of harassment — Unlawfulness of the dismissal decision — Need for a link between the harassment and the grounds of the dismissal decision (Staff Regulations of Officials, Art. 12a) (see paras 220-227) |
10. |
Actions brought by officials — Pleas in laws — Misuse of powers — Meaning (see paras 248, 249) |
11. |
Actions brought by officials — Application for damages linked to an application for annulment — Dismissal of claim for annulment leading to dismissal of the claim for compensation (Staff Regulations of Officials, Arts 90 and 91) (see para. 264) |
Re:
Application based on Article 270 TFEU seeking, first, annulment of the dismissal decision of 14 November 2016 and of the decision rejecting the applicant’s complaint of 2 June 2017, taken by the EACEA, and second, compensation for the harm allegedly suffered by the applicant following those decisions.
Operative part
The Court:
1. |
Dismisses the action; |
2. |
Orders Ms Laurence Bonnafous to pay the costs. |