Judgment of the General Court (First Chamber) of 26 October 2022 –
KD v EUIPO
(Case T‑298/20) ( 1 )
(Civil service – Members of the temporary staff – 2019 Appraisal exercise – Appraisal report – Pre-litigation procedure – Admissibility – Obligation to state reasons – Rights of the defence – Duty of care – Liability – Non-material damage)
1. |
Actions brought by officials – Staff report – Prior administrative complaint – Optional – No obligation to exhaust specific internal procedures established by general implementing provisions (Charter of Fundamental Rights of the European Union, Arts 47 and 52(1); Staff Regulations of Officials, Arts 43, 90, 91 and 110; Conditions of Employment of Other Servants, Art. 15(2)) (see paragraphs 22-30) |
2. |
Officials – Reports procedure – Appraisal report – Obligation to state reasons – Scope (Art. 296 TFEU; Charter of Fundamental Rights of the European Union, Art. 41(2)(c); Staff Regulations of Officials, Art. 43) (see paragraphs 44-49, 58, 76, 77) |
3. |
Officials – Reports procedure – Appraisal report – Discretion of assessors – Judicial review – Limits – Manifest error of assessment – Burden of proof (Staff Regulations of Officials, Art. 43) (see paragraphs 94-97) |
4. |
Officials – Duty of the administration to have regard for the welfare of officials – Scope – Greater obligation in a case affecting the health of the official (see paragraphs 115, 121) |
5. |
Actions brought by officials – Actions for damages – Annulment of the unlawful measure in dispute – Whether appropriate reparation for non-material damage (Staff Regulations of Officials, Art. 91) (see paragraphs 152, 153) |
Operative part
The Court:
1. |
Annuls KD’s appraisal report in respect of the 2019 appraisal exercise; |
2. |
Dismisses the action as to the remainder; |
3. |
Orders the European Union Intellectual Property Office (EUIPO), in addition to bearing its own costs, to pay three quarters of the costs incurred by KD; |
4. |
Orders KD to pay a quarter of her own costs. |
( 1 ) OJ C 262, 10.8.2020.