Judgment of the General Court of 20 October 2021 – Kerstens v Commission

(Case T-220/20) ¹

(Civil service – Officials – Disciplinary proceedings – Article 266 TFEU – Administrative investigations – Principle of sound administration – Principle of impartiality – Action for annulment and for damages)

Language of the case: French

Parties

Applicant: Petrus Kerstens (La Forclaz, Switzerland) (represented by: C. Mourato, lawyer)

Defendant: European Commission (represented by: B. Mongin and A.-C. Simon, acting as Agents)

Re:

Application under Article 270 TFEU for, first, annulment of the Commission note of 27 March 2017 informing the applicant of the resumption of disciplinary proceedings and the decision of 11 July 2019 issuing him with a warning and, secondly, compensation for the damage which he claims to have sustained as a result of the handling and duration of three disciplinary procedures.

Operative part of the judgment

The Court:

Annuls the European Commission’s decision of 11 July 2019 issuing Mr Petrus Kerstens with a warning;

Dismisses the action as to the remainder;

Orders the Commission to bear its own costs and to pay two thirds of the costs incurred by Mr Kerstens.

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¹ OJ C 247, 27.7.2020.