Judgment of the General Court of 18 November 2020– H v Council
(Case T-271/10 RENV II) 1
(Common foreign and security policy – National staff member on secondment to the EUPM in Bosnia and Herzegovina – Redeployment decision – Misuse of powers – Interests of the service – Psychological harassment – Punitive nature of the redeployment – Liability – Non-material damage)
Language of the case: English
Parties
Applicant: H (represented by: L. Levi, lawyer)
Defendant: Council of the European Union (represented by: A. Vitro and A. de Elera-San Miguel Hurtado, acting as Agents)
Re:
Action, first, on the basis of Article 263 TFEU for annulment of (i) the decision of 7 April 2010, signed by the Chief of Personnel of the European Union Police Mission (EUPM) in Bosnia and Herzegovina, by which the applicant was redeployed to the post of Criminal Justice Advisor – Prosecutor at the regional office in Banja Luka (Bosnia and Herzegovina) and (ii) of the decision of 30 April 2010, signed by the Head of EUPM referred to in Article 6 of Council Decision 2009/906/CFSP of 8 December 2009 on the EUPM in Bosnia and Herzegovina (OJ 2009 L 322, p. 22), indicating the operational reason for her redeployment and, second, an action on the basis of Article 268 TFEU seeking compensation for the harm allegedly suffered by the applicant.
Operative part of the judgment
The Court:
Annuls the decision of 7 April 2010, signed by the Chief of Personnel of the European Union Police Mission (EUPM) in Bosnia Herzegovina, by which H was redeployed to the post of Criminal Justice Adviser – Prosecutor in the regional office of Banja Luka (Bosnia and Herzegovina), and the decision of 30 April 2010, signed by the Head of the EUPM, referred to in Article 6 of Council Decision 2009/906/CFSP, of 8 December 2009 on the EUPM in Bosnia and Herzegovina, indicating the operational reason for her redeployment;
Orders the Council of the European Union to pay H the sum of EUR 30 000;
Dismisses the action as to the remainder;
Orders the Council to bear its own costs and the costs incurred by H in the present case and in Cases T-271/10, T-271/10 R, T-271/10 RENV, C-455/14 P and C-413/18 P.
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1 OJ C 221, 14.8.2010.