Judgment of the Civil Service Tribunal (First Chamber) of 2 October 2012 - Q v Commission

(Case F-52/05 RENV)

(Civil service - Referral back to Tribunal after setting aside - Administration's duty to provide assistance - Psychological harassment - Provisional removal from post - Reparation for non-material damage - Career development reviews - Justified absences on the ground of sickness - Failure to take into account)

Language of the case: French

Parties

Applicant: Q (Domsjö, Sweden) (represented by: S. Rodrigues and Y. Minatchy, lawyers)

Defendant: European Commission (represented by: initially D. Martin, B. Eggers and V. Joris, subsequently by V. Joris and G. Berscheid, acting as Agents)

Re:

Civil service - First, annulment of the Commission's decision refusing the request for assistance submitted by the applicant under Article 24 of the Staff Regulations concerning psychological harassment to which she claims to have been subject and an application for damages and, secondly, annulment of her career development review for 2003 (formerly T-252/05) - Case T-80/09 P referred back after appeal

Operative part of the judgment

The Tribunal:

Annuls the career development reviews drawn up for the periods from 1 January to 31 October and from 1 November to 31 December respectively;

Orders the European Commission to pay the sum of EUR 10 000 to Q;

Declares that the European Commission must bear its own costs incurred in the proceedings before the General Court and in the two sets of proceedings before the Tribunal and orders the European Commission to pay three-quarters of the costs incurred by Q in the two sets of proceedings before the Tribunal;

Declares that Q must bear her own costs incurred in the proceedings before the General Court and one quarter of her costs incurred in the two sets of proceedings before the Tribunal.

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