Judgment of the European Union Civil Service Tribunal (Second Chamber) 29 April 2015

In Joined Cases F‑159/12 and F‑161/12, TWO ACTIONS under Article 270 TFEU,

THE CIVIL SERVICE TRIBUNAL (Second Chamber), composed of M.I. Rofes i Pujol, President, K. Bradley (Rapporteur) and J. Svenningsen, Judges, Registrar: P. Cullen, Administrator,

having regard to the written procedure and further to the hearing on 4 September 2014,

gives the following

Judgment

Legal context

Background to the dispute

Procedure and forms of order sought

Law

The claim for annulment of the decision rejecting the complaint

The claim for annulment of the contested decision

The first preliminary plea and the tenth plea, alleging that the contested decision is essentially a disguised disciplinary measure and that its legal basis is vitiated by an error in law

The second preliminary plea and the seventh plea, alleging misuse of powers

The first plea, alleging breach of the right to be heard

– Arguments of the parties

– Findings of the Tribunal

The second plea, alleging breach of the obligation to state reasons

– Arguments of the parties

– Findings of the Tribunal

The third plea, alleging breach of the principle of the presumption of innocence

– Arguments of the parties

– Findings of the Tribunal

The fourth plea, alleging breach of the duty of due diligence

– Arguments of the parties

– Findings of the Tribunal

The fifth plea, alleging a failure to grant access to the inquiry files

– Arguments of the parties

– Findings of the Tribunal

The sixth plea, alleging that both investigators were unsuitable

– Arguments of the parties

– Findings of the Tribunal

The ninth, eleventh and twelfth pleas, alleging manifest errors of assessment as to the facts

– Arguments of the parties

– Findings of the Tribunal

The thirteenth plea, alleging infringement of the principle of proportionality

– Arguments of the parties

– Findings of the Tribunal

The fourteenth plea, alleging the lack of competence of the signatory of the decision rejecting the complaint

The fifteenth plea, alleging the lack of competence of the ECDC and the Tribunal to adjudicate on the accusations concerning criminal conduct

The claims seeking reinstatement and compensation in respect of material harm

The claim seeking compensation in respect of non-material harm

Arguments of the parties

Findings of the Tribunal

Costs

1 Language of the case: English.