Judgment Of The European Union Civil Service Tribunal (Third Chamber) 17 September 2014

In Case F‑12/13, ACTION brought under Article 270 TFEU, applicable to the EAEC Treaty pursuant to Article 106a thereof,

THE CIVIL SERVICE TRIBUNAL (Third Chamber) composed of S. Van Raepenbusch, President, E. Perillo and J. Svenningsen (Rapporteur), Judges, Registrar: X. Lopez Bancalari, Administrator,

having regard to the written procedure and further to the hearing on 14 May 2014,

gives the following

Judgment

Legal context

The Staff Regulations

The Conditions of Employment of Other Servants of the European Union

The Agreement of 28 July 1999

The internal rules for the Advisory Committee on Harassment

Background to the dispute

General background

The events at issue

Facts relating to the questions to the management

Facts relating to the meeting of the unit of 23 May 2011 and the adoption of the minutes of that meeting

Facts relating to approval of annual leave and using up remaining annual leave before the end of the applicant’s contract as a member of the temporary staff

Facts relating to the translation of a medical report concerning a Member of the European Parliament (April and May 2011)

Facts relating to the training working party and information concerning self-study half-days (May and June 2011)

Facts relating to the language course absence

Facts concerning Mr G.

Forms of order sought

Law

Jurisdiction of the Tribunal

Subject-matter of the action

Substance

Preliminary considerations

The first plea, alleging manifest errors of assessment and the corresponding infringement of Article 12a(3) of the Staff Regulations

– Facts relating to the questions to the management

– The facts relating to the meeting of 23 May 2011 and the minutes of that meeting

– The facts relating to the training working party and information concerning self-study half-days

– Facts relating to the translation of a medical report for a Member of the European Parliament

– The facts concerning the approval of annual leave and the annual leave due to be taken before the end of the applicant’s contract as a member of the temporary staff

– The absence from language classes

– The facts concerning Mr G.

– The medical certificates provided by the applicant

The second plea in law, alleging infringement of the duty to have regard for the welfare of officials

The third plea in law, alleging infringement of the duties of confidentiality and impartiality as set out in Articles 7 and 10(1) of the internal rules

– Admissibility

– Substance

The fourth plea in law, alleging infringement of the rights of the defence and of the duty of impartiality

– Admissibility

– Substance

Costs

1 Language of the case: English.