Language of document : ECLI:EU:F:2012:130

(First Chamber)

18 September 2012

Case F‑58/10

Timo Allgeier


European Union Agency for Fundamental Rights (FRA)

(Civil service — Duty of assistance — Article 24 of the Staff Regulations — Psychological harassment — Administrative inquiry)

Application: brought under Article 270 TFEU, applicable to the EAEC Treaty by virtue of Article 106a thereof, in which Mr Allgeier seeks, inter alia, annulment of the decision of the European Union Agency for Fundamental Rights (‘the FRA’ or ‘the Agency’) rejecting his request for assistance, and an order that the FRA pay him damages.

Held: The decision is annulled. The FRA is to pay the applicant the sum of EUR 5 000. It is to bear its own costs and those incurred by the applicant.


Officials — Obligation of administration to provide assistance — Compliance with that obligation in respect of psychological harassment — Making a request for assistance — Inquiry within an agency — Investigator being the chairman of the board of an institute having an important business relationship with that agency — Objective impartiality — None

(Staff Regulations, Art. 24)

In the context of an administrative inquiry in connection with a request for assistance, submitted in respect of alleged psychological harassment, the investigator does not fulfil the necessary conditions for his impartiality to be beyond reproach where an important business relationship exists between the institute of which he is chairman of the board and the agency within which he conducts the inquiry. The individuals concerned in that inquiry may have legitimate fears that the investigator, seeking to maintain that business relationship, may be guided by the aim of protecting the reputation of that agency.

(see paras 62, 64)