Judgment of the General Court of 15 November 2023 – PL v Commission

(Case T-790/21) ¹

(Civil service – Officials – Reassignment in the interests of the service – Decision with retroactive effect adopted to comply with judgments of the European Union judicature – Article 266 TFEU – Articles 22a and 22c of the Staff Regulations – Irregularity of the pre-litigation procedure – Principle of good administration – Right to be heard – Principle of impartiality – Reasonable time – Duty to have regard for the welfare of officials – Liability – Non-material damage)

Language of the case: French

Parties

Applicant: PL (represented by: N. de Montigny, lawyer)

Defendant: European Commission (represented by: M. Brauhoff and L. Vernier, acting as Agents)

Re:

By his action based on Article 270 TFEU, the applicant seeks, first, annulment of the decision of the European Commission of 16 February 2021 reassigning him with retroactive effect to the Directorate-General (DG) Mobility and Transport with effect from 1 January 2013 and of the decision of 16 September 2021 partially rejecting his complaint and, secondly, compensation for the material and non-material damage which he claims to have suffered.

Operative part of the judgment

The Court:

Orders the European Commission to pay compensation of EUR 3 000 to PL;

Dismisses the action as to the remainder;

Orders the Commission to bear, in addition to its own costs, half of the costs incurred by PL, who shall bear the other half of his costs.

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¹     OJ C 73, 14.2.2022.