Judgment of the european Union civil service Tribunal (Third Chamber) 3 December 2014

In Case F‑109/13, ACTION brought under Article 270 TFEU,

THE CIVIL SERVICE TRIBUNAL (Third Chamber), composed of E. Perillo, acting as President, R. Barents (Rapporteur) and K. Bradley, Judges, Registrar: X. Lopez Bancalari, Administrator,

having regard to the written procedure and further to the hearing on 25 June 2014,

gives the following

Judgment

Legal context

Facts

Forms of order sought and procedure

Law

The offer of further evidence of 19 March 2014

The claim for annulment of the decision rejecting the complaint

The claim seeking the applicant’s reinstatement and payment of her financial benefits

The claim for annulment of the contested decision

The first plea, alleging a misuse of powers

– Arguments of the parties

– Findings of the Tribunal

The second plea, alleging a manifest error of assessment and infringement of the obligation to state reasons

– Arguments of the parties

– Findings of the Tribunal

The plea lodged in the alternative, alleging an infringement of the duty of care or of the obligation to actively search for a redeployment solution

– Arguments of the parties

– Findings of the Tribunal

The claim for compensation

Arguments of the parties

Findings of the Tribunal

Costs

1 Language of the case: English.