This document is an excerpt from the EUR-Lex website
Document 62020TJ0754
Judgment of the General Court (Fourth Chamber) of 1 June 2022.
Adrian Sorin Cristescu v European Commission.
Civil service – Officials – Disciplinary proceedings – Acts contrary to the dignity of the office – Preliminary assessment – Administrative investigation – Mandate entrusted to IDOC – Data protection – Principle of impartiality – Principle of sound administration – Disciplinary procedure – Rights of the defence – Disciplinary penalty of reprimand – Procedural irregularity – Reasonable time – Extenuating circumstances.
Case T-754/20.
Judgment of the General Court (Fourth Chamber) of 1 June 2022.
Adrian Sorin Cristescu v European Commission.
Civil service – Officials – Disciplinary proceedings – Acts contrary to the dignity of the office – Preliminary assessment – Administrative investigation – Mandate entrusted to IDOC – Data protection – Principle of impartiality – Principle of sound administration – Disciplinary procedure – Rights of the defence – Disciplinary penalty of reprimand – Procedural irregularity – Reasonable time – Extenuating circumstances.
Case T-754/20.
Court reports – general
ECLI identifier: ECLI:EU:T:2022:316
Judgment of the General Court (Fourth Chamber) of 1 June 2022 –
Cristescu v Commission
(Case T‑754/20) ( 1 )
(Civil service – Officials – Disciplinary proceedings – Acts contrary to the dignity of the office – Preliminary assessment – Administrative investigation – Mandate entrusted to IDOC – Data protection – Principle of impartiality – Principle of sound administration – Disciplinary procedure – Rights of the defence – Disciplinary penalty of reprimand – Procedural irregularity – Reasonable time – Extenuating circumstances)
1. |
Officials – Disciplinary measures – Enquiry preceding the initiation of disciplinary proceedings – Investigatory powers of the Investigation and Disciplinary Office of the Commission (IDOC) – Processing of personal data – Lawfulness – Disclosure to witnesses of statements made by other persons – Whether permissible (Staff Regulations of Officials, Annex IX; European Parliament and Council Regulation 2018/1725, Art. 5(1)(a)) (see paras 73-75) |
2. |
Officials – Disciplinary measures – Enquiry preceding the initiation of disciplinary proceedings – Breach of the rules relating to the protection of personal data – Consequences (European Parliament and Council Regulation 2018/1725) (see paras 76, 77) |
3. |
Officials – Disciplinary measures – Disciplinary proceedings – Time limits – Obligation on the administration to act within a reasonable period – Assessment (Staff Regulations of Officials, Annex IX) (see paras 88-108) |
4. |
Officials – Disciplinary measures – Enquiry preceding the initiation of disciplinary proceedings – Investigatory powers of the Investigation and Disciplinary Office of the Commission (IDOC) – Powers of assessment of that Office – Limits – Compliance with the principles of sound administration, impartiality and exhaustiveness of the grounds of exclusion (Staff Regulations of Officials, Annex IX) (see paras 112-114, 120, 121) |
5. |
Officials – Disciplinary measures – Initiation of disciplinary proceedings – – Obligation of the administration to send a disciplinary report to the official concerned – Report drawn up by the Investigation and Disciplinary Office of the Commission (IDOC) – Whether permissible (Staff Regulations of Officials, Annex IX, Art. 3(1)(c)(i)) (see paras 135, 138-140) |
6. |
Officials – Disciplinary measures – Procedure – Observance of the rights of the defence – Scope (Staff Regulations of Officials, Annex IX, Art. 11) (see paras 159-162, 167) |
7. |
Officials – Disciplinary measures – Penalty – Discretion of the appointing authority – Limits – Observance of the principle of proportionality – Judicial review – Scope (Art. 5(4) TEU; Charter of Fundamental Rights of the European Union, Art. 47; Staff Regulations of Officials, Annex IX, Art. 10) (see paras 179, 180, 208, 215-223, 237-239) |
Operative part
The Court:
1. |
Annuls the decision of the European Commission of 27 February 2020 which imposed a reprimand on Mr Adrian Sorin Cristescu; |
2. |
Orders each party to bear its own costs. |
( 1 ) OJ C 62, 22.2.2021.