This document is an excerpt from the EUR-Lex website
Document 62023CJ0218
Judgment of the Court (Seventh Chamber) of 25 April 2024.
NS v European Parliament.
Appeal – Civil service – Officials – Reassignment – Interests of the service – Correspondence between the grade and the post – Loss of an allowance – Right to be heard – Obligation to state reasons – Duty to have regard for the welfare of officials.
Case C-218/23 P.
Judgment of the Court (Seventh Chamber) of 25 April 2024.
NS v European Parliament.
Appeal – Civil service – Officials – Reassignment – Interests of the service – Correspondence between the grade and the post – Loss of an allowance – Right to be heard – Obligation to state reasons – Duty to have regard for the welfare of officials.
Case C-218/23 P.
Court reports – general – 'Information on unpublished decisions' section
ECLI identifier: ECLI:EU:C:2024:358
Judgment of the Court (Seventh Chamber) of 25 April 2024 –
NS v Parliament
(Case C‑218/23 P) ( 1 )
(Appeal – Civil service – Officials – Reassignment – Interests of the service – Correspondence between the grade and the post – Loss of an allowance – Right to be heard – Obligation to state reasons – Duty to have regard for the welfare of officials)
|
1. |
Officials – Organisation of departments – Assignment of staff – Reassignment in the interests of the service – Reassignment to a non-managerial post – Right of the person concerned to be heard – Limits (Charter of Fundamental Rights of the European Union, Art. 41(2)(a); Staff Regulations of Officials, Art. 7) (see paragraphs 47-49, 62, 63, 78, 97) |
|
2. |
Officials – Decision adversely affecting an official – Obligation to state reasons – Scope (Art. 296, second para., TFEU; Staff Regulations of Officials, Art. 25, second para.) (see paragraphs 98, 103) |
|
3. |
Officials – Organisation of departments – Assignment of staff – Reassignment – Administration’s discretion – Duty of the administration to have regard for the welfare of officials – Consideration of the interests of the official concerned – Limits – Judicial review – Scope (Staff Regulations of Officials, Arts 7(1) and 24) (see paragraphs 112-115, 124) |
Operative part
The Court:
|
1. |
Dismisses the appeal; |
|
2. |
Orders NS to bear her own costs and to pay those incurred by the European Parliament. |
( 1 ) OJ C 252, 17.7.2023.