Judgment of the General Court of 9 October 2014 — Bermejo Garde v EESC
(Case T-530/12 P) 1
(Appeal — Civil service — Officials — Psychological harassment — Illegal activities affecting the interests of the European Union — Serious failure to comply with the obligations of officials — Articles 12a and 22a of the Staff Regulations — Denunciation by the appellant — Reassignment following that denunciation — No consultation of OLAF by the immediate superior who received the information — Measures adversely affecting a person — Good faith — Rights of the defence — Competence of the authority issuing the measure)
Language of the case: French
Parties
Appellant: Moises Bermejo Garde (Brussels, Belgium) (represented by: L. Levi, lawyer)
Other party to the proceedings: European Economic and Social Committee (EESC) (represented initially by G. Nijborg, and subsequently by U. Schwab and M. Lernhart, acting as Agents, assisted by B. Wägenbaur, lawyer)
Re:
Appeal against the judgment of the European Union Civil Service Tribunal (First Chamber) of 25 September 2012 in Bermejo Garde v EESC (F-41/10, not yet published in the ECR), seeking the setting aside of that judgment.
Operative part of the judgment
The Court:
Sets aside the judgment of the European Union Civil Service Tribunal (First Chamber) of 25 September 2012 in Bermejo Garde v EESC (F-41/10) in so far as it dismisses Mr Moises Bermejo Garde’s action for annulment of Decision No 133/10 A of the European Economic and Social Committee (EESC) of 24 March 2010 relieving him of his previous post and of EESC Decision No 184/10 A of 13 April 2010 concerning his reassignment;
Dismisses the remainder of the appeal;
Refers the case back to the Civil Service Tribunal;
Reserves the costs.
________________________1 OJ C 55, 23.2.2013.