This document is an excerpt from the EUR-Lex website
Document 62021TJ0162
Judgment of the General Court (First Chamber) of 18 October 2023.
BZ v European Central Bank.
Civil service – ECB staff – Complaint of discrimination and psychological harassment – Internal administrative inquiry – Equivalent compliance with a judgment of the General Court – Article 266 TFEU – Letter of apology – Existence of a duty of confidentiality – Liability – Non-material damage.
Case T-162/21.
Judgment of the General Court (First Chamber) of 18 October 2023.
BZ v European Central Bank.
Civil service – ECB staff – Complaint of discrimination and psychological harassment – Internal administrative inquiry – Equivalent compliance with a judgment of the General Court – Article 266 TFEU – Letter of apology – Existence of a duty of confidentiality – Liability – Non-material damage.
Case T-162/21.
ECLI identifier: ECLI:EU:T:2023:647
Judgment of the General Court (First Chamber) of 18 October 2023 –
BZ v ECB
(Case T‑162/21) ( 1 )
(Civil service – ECB staff – Complaint of discrimination and psychological harassment – Internal administrative inquiry – Equivalent compliance with a judgment of the General Court – Article 266 TFEU – Letter of apology – Existence of a duty of confidentiality – Liability – Non-material damage)
1. |
Actions brought by officials – Staff of the European Central Bank – Action directed against the decision rejecting the special appeal – Effect – Contested measure brought before the Court – Exception – Decision not confirmatory in character – Account taken of the reasoning therein (Staff Regulations of Officials, Art. 90; Conditions of Employment for Staff of the European Central Bank, Arts 9(c) and 41; European Central Bank Staff Rules, Art. 8.1) (see paragraphs 37-39, 57) |
2. |
Actions brought by officials – Plea of illegality – Measures the illegality of which may be pleaded – General measure providing the basis of the contested decision – Individual act fixing compensation – No jurisdiction of the EU judicature (Art. 277 TFEU) (see paragraph 70) |
3. |
Judicial proceedings – Written procedure – Rejoinder – Submission of written observations on the rejoinder – Inadmissibility (Rules of Procedure of the General Court, Art. 83) (see paragraphs 77-79) |
4. |
Judicial proceedings – Application initiating proceedings – Formal requirements – Identification of the subject matter of the dispute – Identification of pleas in law by reference to their substance and not their formal characterisation (Statute of the Court of Justice, Art. 21; Rules of Procedure of the General Court, Art. 76(d)) (see paragraph 98) |
5. |
Officials – Staff of the European Central Bank – Decision taken to comply with an annulling judgment – Obligation to state reasons – Scope – No statement of reasons – Rectification at the stage of the decision rejecting the special appeal (Art. 296, second para., TFEU) (see paragraphs 109-111) |
6. |
Actions brought by officials – Staff of the European Central Bank – Judgment annulling a measure – Effects – Obligation to adopt compliance measures – Scope – Compliance encountering major obstacles – Fair compensation for detriment to the party concerned resulting from the decision annulled – Obligation for the administration to establish a dialogue with the party concerned with a view to reaching an agreement on fair compensation – None (Art. 266 TFEU) (see paragraphs 119-121, 125, 173) |
7. |
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 paragraphs 144, 145) |
8. |
Officials – Non-contractual liability of the institutions – Conditions – Damage – Burden of proof (see paragraphs 204, 205) |
Operative part
The Court:
1. |
Dismisses the action; |
2. |
Orders BZ and the European Central Bank (ECB) to bear their own costs. |
( 1 ) OJ C 189, 17.5.2021.