This document is an excerpt from the EUR-Lex website
Document 62019TJ0757
Judgment of the General Court (First Chamber) of 15 December 2021.
HB v European Investment Bank.
Civil service – Staff of the EIB – Complaint alleging psychological harassment – Administrative enquiry – Decision dismissing the complaint – Decision rejecting the request for conciliation – Right to be heard – Liability.
Case T-757/19.
Judgment of the General Court (First Chamber) of 15 December 2021.
HB v European Investment Bank.
Civil service – Staff of the EIB – Complaint alleging psychological harassment – Administrative enquiry – Decision dismissing the complaint – Decision rejecting the request for conciliation – Right to be heard – Liability.
Case T-757/19.
Court reports – general
ECLI identifier: ECLI:EU:T:2021:890
Judgment of the General Court (First Chamber) of 15 December 2021 –
HB v EIB
(Case T‑757/19) ( 1 )
(Civil service – Staff of the EIB – Complaint alleging psychological harassment – Administrative enquiry – Decision dismissing the complaint – Decision rejecting the request for conciliation – Right to be heard – Liability)
1. |
Officials – Decision adversely affecting an official – Obligation to state reasons – Scope (Staff Regulations of Officials, Art. 25, second para.) (see paras 68-70) |
2. |
Actions brought by officials – Pleas in law – Lack of or inadequate statement of reasons – Separate plea in law from the one concerning substantive legality (Staff Regulations of Officials, Art. 25, second para.) (see para. 71) |
3. |
Officials – Principles – Rights of the defence – Obligation to hear the person concerned before adopting a measure adversely affecting him – Scope – Infringement – Consequences (Charter of Fundamental Rights of the European Union, Art. 41(2)) (see paras 79-82, 89-92) |
4. |
Officials – Staff of the European Investment Bank – Rights and obligations – Internal inquiry into alleged psychological harassment – Right of access of the complainant to records of hearings – Limits – Possibility for the administration to use anonymisation or produce a summary of the text (Charter of Fundamental Rights of the European Union, Art. 41(2)) (see paras 83, 87, 88) |
5. |
Officials – Staff of the European Investment Bank – Non-contractual liability – Conditions – Unlawfulness – Damage – Causal link – Cumulative conditions – One of those conditions not met – Claim for compensation dismissed in its entirety (Art. 340, second para., TFEU) (see paras 99, 101) |
6. |
Officials – Staff of the European Investment Bank – Non-contractual liability – Conditions – Compensation for loss caused to an official or member of staff – Duty of the administration to have regard for the welfare of officials – Scope (Arts 268 and 340, second para., TFEU) (see para. 100) |
7. |
Actions brought by officials – Staff of the European Investment Bank – Actions for damages – Annulment of the illegal act in dispute – Whether appropriate reparation for non-material damage – Limits (Art. 340 TFEU) (see para. 108) |
8. |
Actions brought by officials – Unlimited jurisdiction – Compensation for material harm associated with loss of opportunity – Assessment – Criteria (Staff Regulations of Officials, Art. 91(1)) (see paras 114, 115) |
Operative part
The Court:
1. |
Annuls the decision of 20 June 2019 of the President of the European Investment Bank (EIB); |
2. |
Orders the EIB to pay HB the sum of EUR 1000 in respect of the loss of opportunity to settle the dispute amicably; |
3. |
Dismisses the action as to the remainder; |
4. |
Orders the EIB to bear its own costs and to pay those incurred by HB. |
( 1 ) OJ C 222, 6.7.2020.