This document is an excerpt from the EUR-Lex website
Document 62020TJ0219
Judgment of the General Court (First Chamber) of 13 October 2021.
JK v European Commission.
Civil service – Officials – Commission staff working for the EEAS – Request for assistance – Article 24 of the Staff Regulations – Implied decision rejecting the request – Decision rejecting the complaint – Article 90 of the Staff Regulations – Competent Appointing Authority – Principle of sound administration.
Case T-219/20.
Judgment of the General Court (First Chamber) of 13 October 2021.
JK v European Commission.
Civil service – Officials – Commission staff working for the EEAS – Request for assistance – Article 24 of the Staff Regulations – Implied decision rejecting the request – Decision rejecting the complaint – Article 90 of the Staff Regulations – Competent Appointing Authority – Principle of sound administration.
Case T-219/20.
ECLI identifier: ECLI:EU:T:2021:690
Judgment of the General Court (First Chamber) of 13 October 2021 –
JK v Commission
(Case T‑219/20)
(Civil service – Officials – Commission staff working for the EEAS – Request for assistance – Article 24 of the Staff Regulations – Implied decision rejecting the request – Decision rejecting the complaint – Article 90 of the Staff Regulations – Competent Appointing Authority – Principle of sound administration)
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1. |
Actions brought by officials – Prior administrative complaint – Nature of the procedure – Purpose – Decision to reject – Response by the administration concerning a decision other than that disputed in the complaint – Not permissible (Staff Regulations of Officials, Art. 90(1)) (see paras 55-60) |
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Officials – Obligation of administration to provide assistance – Implementation in the case of psychological harassment – Bringing of a request for assistance – Implied decision to reject – Purpose – Decision taking effect without awareness from the administration as to the nature of the request – Not permissible – Infringement of the principle of sound administration – Consequences (Staff Regulations of Officials, Arts 24 and 90(1)) (see paras 62-67) |
Re:
Application under Article 270 TFEU seeking annulment of the Commission’s implied decision of 5 June 2019 rejecting the applicant’s request for assistance brought under Article 24 of the Staff Regulations of Officials of the European Union and of its decision of 6 January 2020 rejecting the applicant’s complaint.
Operative part
The Court:
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1. |
Annuls the implied decision of the European Commission of 5 June 2019 rejecting JK’s request for assistance brought under Article 24 of the Staff Regulations of Officials of the European Union and its decision of 6 January 2020 rejecting the applicant’s complaint; |
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2. |
Orders the Commission to bear, in addition to its own costs, those incurred by JK. |