This document is an excerpt from the EUR-Lex website
Document 62018TJ0217
Judgment of the General Court (First Chamber) of 10 September 2019.
DK v European External Action Service.
Civil service — Disciplinary proceedings — Criminal conviction — Penalty of withholding an amount from the pension — Manifest error of assessment — Proportionality — Obligation to state reasons — Mitigating circumstances — Liability.
Case T-217/18.
Judgment of the General Court (First Chamber) of 10 September 2019.
DK v European External Action Service.
Civil service — Disciplinary proceedings — Criminal conviction — Penalty of withholding an amount from the pension — Manifest error of assessment — Proportionality — Obligation to state reasons — Mitigating circumstances — Liability.
Case T-217/18.
Judgment of the General Court (First Chamber) of 10 September 2019 –
DK v EEAS
(Case T‑217/18)
(Civil service — Disciplinary proceedings — Criminal conviction — Penalty of withholding an amount from the pension — Manifest error of assessment — Proportionality — Obligation to state reasons — Mitigating circumstances — Liability)
1. |
Officials — Disciplinary measures — Penalty — Discretion of the appointing authority — Taking into account aggravating or extenuating circumstances — No obligation to take into account damages already awarded at national level in respect of loss caused to the EU — No misuse of powers (Staff Regulations of Officials, Annex IX, Art. 10) (see paras 38-42, 44, 51, 52, 59, 61) |
2. |
Officials — Disciplinary measures — Penalty — Discretion of the appointing authority — No obligation to follow the opinion issued by the Disciplinary Board (Staff Regulations of Officials, Annex IX, Arts 6 and 8) (see paras 68-72) |
3. |
Officials — Disciplinary measures — Penalty — Discretion of the appointing authority — Judicial review — Limits (Staff Regulations of Officials, Annex IX, Art. 9(2)) (see paras 75-77) |
4. |
Officials — Disciplinary measures — Penalty — Discretion of the appointing authority — Simultaneous disciplinary proceedings and criminal prosecution — Obligation of the administration to take a final decision on the situation of the official only after final judgment of the criminal court — Obligation on the administration to act within a reasonable period (Staff Regulations of Officials, Annex IX, Art. 25) (see paras 85-88, 90, 91, 95) |
5. |
Officials — Disciplinary measures — Penalty — Discretion of the appointing authority — Withholding pensions — Basis of calculation for withholding pensions — Inclusion of family allowances — Conditions — Minimum income guarantee (Staff Regulations of Officials, Annex VIII, Arts 6, 42 and 43, Annex IX, Art. 9(2)) (see paras 118, 119, 123, 124) |
6. |
Officials — Decision adversely affecting an official — Disciplinary penalty — Obligation to state reasons — Scope (Art. 296 TFEU; Staff Regulations of Officials, Art. 25 and Annex IX, Art. 22) (see paras 145-149, 158) |
7. |
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, Art. 91) (see paras 184-186) |
Re:
Application under Article 270 TFEU seeking, first, annulment of the decision of the EEAS of 23 May 2017 to impose on the applicant a disciplinary penalty and, secondly, compensation for the harm allegedly suffered by the applicant as a result of the EEAS’ infringement of his rights of defence in the criminal proceedings brought against him before the Belgian courts.
Operative part
The Court:
1. |
Dismisses the action; |
2. |
Orders DK to pay the costs. |