Judgment of the General Court (Seventh Chamber) of 13 December 2018 –
UP v Commission
(Case T‑706/17)
(Civil service — Officials — Serious illness — Application f for part-time work on medical grounds — Rejection of the application — Principle of non-discrimination on grounds of disability — Right to be heard — Principle of sound administration — Duty of care — Liability)
1. |
Actions brought by officials — Action against a decision rejecting a complaint — Effect — Disputed measure referred to the Court — Exception — Decision not confirmatory in character — Account taken of the reasoning therein (Staff Regulations of Officials, Arts 90 and 91) (see paras 12-14) |
2. |
Officials — Equal treatment — Discrimination — General implementing provisions adopted by the Commission — Handicap — Obligation to provide for reasonable working arrangements — Scope — Grant of part-time work for medical reasons — Treatment (Charter of Fundamental Rights of the European Union, Art. 21; Staff Regulations of Officials, Arts 1d(1), first para. and 4; Council Directive 2000/78, Recital 20 and Art. 5) (see paras 25-28, 33, 34, 46, 47) |
3. |
Officials — Principles — Rights of defence — Obligation to hear the person concerned before adopting a measure adversely affecting him — Scope (Charter of Fundamental Rights of the European Union, Art. 41(2)(a)) (see paras 51-55) |
4. |
Officials — Administration’s duty to have regard for the interests of officials — Scope — Limits (Charter of Fundamental Rights of the European Union, Art. 41) (see paras 59-61) |
5. |
Officials — Non-contractual liability of the institutions — Conditions — Unlawfulness — Injury — Causal link — Cumulative conditions (Art. 340, second para. TFEU) (see para. 72) |
6. |
Actions brought by officials — Compensation action brought without pre-litigation procedure in accordance with the Staff Regulations — Inadmissibility (Staff Regulations of Officials, Arts 90 and 91) (see paras 76-79) |
Re:
Application based on Article 270 TFEU and seeking, first, annulment of the Commission Decision of 26 April 2017 refusing to grant the applicant part-time work on medical grounds and, secondly, compensation for the material and non-material harm allegedly suffered by the applicant.
Operative part
The Court:
1. |
Dismisses the action; |
2. |
Orders UP to bear his own costs as well as those incurred by the European Commission. |