Judgment of the General Court of 20 October 2021 – ZU v Commission
(Case T-671/18 and T-140/19) 1
(Civil service – Officials – Transfer in the interests of the service – Article 12a of the Staff Regulations – Psychological harassment – Article 25 of the Staff Regulations – Obligation to state reasons – Rights of the defence and the right to be heard – Manifest error of assessment – Principle of sound administration and duty to have regard for the welfare of staff – Article 22a of the Staff Regulations – Misuse of powers – Article 24 of the Staff Regulations – Request for assistance – Refusal of the request – 2017 appraisal exercise – Appraisal report – 2018 promotion exercise – Proposed non-promotion – Liability)
Language of the case: English
Parties
Applicant: ZU (represented by: C. Bernard-Glanz, lawyer)
Defendant: European Commission (represented by: I. Melo Sampaio, D. Milanowska and L. Vernier, acting as Agents, and by D. Waelbroeck and A. Duron, lawyers)
Re:
Applications pursuant to Article 270 TFEU, in Case T 671/18, first, for annulment of the decision of the Commission of 12 October 2018 to transfer the applicant to the European Anti-Fraud Office (OLAF) in Brussels (Belgium), of the letter of the Commission of 29 October 2018 by which it provisionally confirmed to the applicant that he would be transferred to OLAF as of 1 December 2018 and communicated to him practical information concerning his return to Brussels and of the decision rejecting the complaint lodged against those two decisions and, second, for compensation for the loss allegedly suffered by the applicant as a result, inter alia, of those decisions and, in Case T 140/19, for annulment of the applicant’s 2017 appraisal report, of the proposal for his non-promotion for 2018, of the rejection of his request for assistance made on 26 January 2018 and of the decisions rejecting the complaints brought against those three decisions.
Operative part of the judgment
The Court:
Dismisses the actions in Joined Cases T-671/18 and T-140/19;
Orders ZU to pay the costs of the proceedings, including those proceedings for interim measures in Case T-671/18 R.
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1 OJ C 16, 14.1.2019.