This document is an excerpt from the EUR-Lex website
Document 62019TJ0632
Judgment of the General Court (Fourth Chamber) of 14 July 2021.
DD v European Union Agency for Fundamental Rights.
Civil service – Members of the temporary staff – Claims for damages – Non-material damage – Implementation of the judgments of the Civil Service Tribunal and of the General Court.
Case T-632/19.
Judgment of the General Court (Fourth Chamber) of 14 July 2021.
DD v European Union Agency for Fundamental Rights.
Civil service – Members of the temporary staff – Claims for damages – Non-material damage – Implementation of the judgments of the Civil Service Tribunal and of the General Court.
Case T-632/19.
ECLI identifier: ECLI:EU:T:2021:434
Judgment of the General Court (Fourth Chamber) of 14 July 2021 –
DD v FRA
(Case T‑632/19)
(Civil service – Members of the temporary staff – Claims for damages – Non-material damage – Implementation of the judgments of the Civil Service Tribunal and of the General Court)
1. |
Actions brought by officials – Judgment annulling a measure – Effects – Obligation to implement – Administration’s discretion – Annulment of a decision containing a reprimand – Abandonment of disciplinary proceedings and withdrawal of reprimand from personnel file – Satisfactory implementing rules (Art. 266 TFEU; Staff Regulations of Officials, Annex IX, Art. 3(a)) (see paras 44-49) |
2. |
Actions brought by officials – Judgment annulling a measure – Effects – Obligation to implement – Administration’s discretion – Annulment of a decision containing a reprimand – Implementation by way of abandonment of proceedings and removal of reprimand from personnel file – No requirement to pay compensation for the non-material harm allegedly suffered (see paras 74-78) |
3. |
Actions brought by officials – Judgment annulling a measure – Effects – Obligation to implement – Reasonable time – Annulment of a decision containing a reprimand – Criteria for assessment (see paras 85, 93-97) |
4. |
Actions brought by officials – Time limits – Request for compensation addressed to an institution – Duty to act within a reasonable time – No possibility of a suspension in the event of a complaint made to the European Data Protection Supervisor (European Parliament and Council Regulation No 45/2001, Art. 32(2), first para.) (see paras 106, 107) |
5. |
Actions brought by officials – Actions for damages – Purpose – Application for annulment of the preparatory acts – Inadmissibility (see para. 112) |
6. |
Officials – Non-contractual liability of the institutions – Conditions – Unlawfulness – Meaning – Reply to a complaint by the administration on the basis of arguments seeking to justify the contested measures as part of the legitimate protection of the institution’s interests – Precluded (Art. 340 TFEU; Charter of Fundamental Rights of the European Union, Arts 11, 47 and 52(1); Staff Regulations of Officials, Art. 90) (see paras 149, 150, 152, 153, 155) |
7. |
Officials – Administration’s duty to have regard for the interests of officials – Scope – Leak of information to the press as regards an official – Requirement to take corrective measures – Scope – No publication in the press of a negative element harmful to the official concerned – No infringement (see paras 173, 174, 176, 178) |
8. |
Officials – Non-contractual liability of the institutions – Conditions – Harm – Meaning – Excessive duration of disciplinary proceedings – Included (see para. 189) |
9. |
Officials – Non-contractual liability of the institutions – Conditions – Harm – Causal link – Burden of proof (see paras 191, 196, 197) |
Re:
Action under Article 270 TFEU seeking, first, compensation for the non-material harm allegedly suffered by the applicant, secondly, annulment of the decision of the Director of the FRA dated 19 November 2018 rejecting his request for compensation and, thirdly, if need be, annulment of the decision of 12 June 2019 rejecting the complaint against the abovementioned decision of 19 November 2018.
Operative part
The Court:
1. |
Dismisses the action; |
2. |
Orders DD to bear his own costs and to pay those incurred by the European Union Agency for Fundamental Rights (FRA). |