Judgment of the European Union Civil Service Tribunal (First Chamber) 26 March 2015

In Case F‑41/14, ACTION brought under Article 270 TFEU, applicable to the EAEC Treaty pursuant to Article 106a thereof,

THE CIVIL SERVICE TRIBUNAL (First Chamber) composed of R. Barents, 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 11 December 2014,

gives the following

Judgment

Legal context

Facts giving rise to the dispute

1. Background and subject-matter of the dispute

2. The contested remarks as set out in the documents in the case-file

Facts relating to a stay abroad during a period of sick leave — first contested remark

Facts relating to a false declaration of sick leave — second contested remark

Facts relating to a refusal to comply with an order from the Director — third contested remark

Facts relating to an alleged lack of receptiveness to rules and instructions — fourth contested remark

Procedure and forms of order sought

Law

1. The claim for annulment of the decision rejecting the complaint

2. The claim for annulment of the 2012 staff report

First plea in law: manifest errors of assessment

The first contested remark

– Arguments of the parties

– Findings of the Tribunal

The second contested remark

– Arguments of the parties

– Findings of the Tribunal

The third contested remark

– Arguments of the parties

– Findings of the Tribunal

The fourth contested remark

– Arguments of the parties

– Findings of the Tribunal

Second plea in law: misuse of powers

Arguments of the parties

Findings of the Tribunal

3. The claim for annulment of the decision to award one merit point

Costs

1 Language of the case: English.