This document is an excerpt from the EUR-Lex website
Document 62020TJ0091
Judgment of the General Court (Fourth Chamber) of 7 September 2022.
WT v European Commission.
Civil service – Officials – Disciplinary proceedings – Disciplinary penalty in the form of a reprimand – Duty to have regard for the welfare of officials – Principle of good administration – Right to be heard – Obligation to state reasons – Reasonable time – Psychological harassment – Principle of legal certainty – Material and non-material damage.
Case T-91/20.
Judgment of the General Court (Fourth Chamber) of 7 September 2022.
WT v European Commission.
Civil service – Officials – Disciplinary proceedings – Disciplinary penalty in the form of a reprimand – Duty to have regard for the welfare of officials – Principle of good administration – Right to be heard – Obligation to state reasons – Reasonable time – Psychological harassment – Principle of legal certainty – Material and non-material damage.
Case T-91/20.
Court reports – general – 'Information on unpublished decisions' section
ECLI identifier: ECLI:EU:T:2022:510
Judgment of the General Court (Fourth Chamber) of 7 September 2022 –
WT v Commission
(Case T‑91/20) ( 1 )
(Civil service – Officials – Disciplinary proceedings – Disciplinary penalty in the form of a reprimand – Duty to have regard for the welfare of officials – Principle of good administration – Right to be heard – Obligation to state reasons – Reasonable time – Psychological harassment – Principle of legal certainty – Material and non-material damage)
1. |
Officials – Disciplinary measures – Enquiry preceding the initiation of disciplinary proceedings – Administration’s discretion – Scope (Staff Regulations of Officials, Art. 86 and Annex IX, Arts 2 to 4) (see paragraphs 53, 63, 65) |
2. |
Officials – Disciplinary measures – Procedure – Observance of the rights of the defence – Right of the person concerned to be heard – Scope – Infringement – Consequences (Charter of Fundamental Rights of the European Union, Art. 41(2)(a); Staff Regulations of Officials, Annex IX, Arts 2 to 4) (see paragraphs 66-68, 70, 86) |
3. |
Officials – Disciplinary measures – Procedure – Time limits – Obligation on the administration to act within a reasonable period – Assessment – Non-compliance – Consequences (Charter of Fundamental Rights of the European Union, Art. 41(1); Staff Regulations of Officials, Annex IX) (see paragraphs 83, 133-138, 145-149, 156) |
4. |
Officials – Duty of the administration to have regard for the welfare of officials – Principle of sound administration – Scope – Infringement as a result of the initiation of disciplinary proceedings – None (Charter of Fundamental Rights of the European Union, Art. 41; Staff Regulations of Officials, Annex IX) (see paragraphs 92, 93) |
5. |
Officials – Disciplinary measures – Penalty – Allegation of psychological harassment – Unlawfulness of the penalty – Need for a link between the harassment and the decision imposing the penalty (Staff Regulations of Officials, Art. 12a) (see paragraphs 121, 130) |
6. |
Officials – Disciplinary measures – Penalty – Legality – Conditions – Evidence of the reality of the facts alleged – Judicial review – Scope (Charter of Fundamental Rights of the European Union, Art. 47; Staff Regulations of Officials, Art. 86) (see paragraphs 160, 161) |
7. |
Actions brought by officials – Application for damages linked to an application for annulment – Dismissal of application for annulment leading to dismissal of the application for damages (Staff Regulations of Officials, Arts 90 and 91) (see paragraphs 173, 175, 176) |
8. |
Actions brought by officials – Action for damages brought without a pre‑litigation procedure in accordance with the Staff Regulations – Inadmissibility – Exception – Claim for compensation directly linked to an action for annulment (Staff Regulations of Officials, Arts 90 and 91) (see paragraphs 174, 175) |
9. |
Judicial proceedings – Measures of organisation of procedure – Measures of inquiry – Request for production of documents and for witnesses to be called – Discretion of the EU judicature – Duties of the person making the request (Rules of Procedure of the General Court, Arts 90 and 93) (see paragraphs 183, 184) |
Operative part
The Court:
1. |
Dismisses the action; |
2. |
Orders WT to pay the costs. |
( 1 ) OJ C 262, 10.8.2020.