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Case T-65/19: Judgment of the General Court of 14 July 2021 — AI v ECDC (Civil service — ECDC staff — Psychological harassment — Article 12a of the Staff Regulations — Request for assistance — Scope of the duty to provide assistance — Article 24 of the Staff Regulations — Resignation of the perpetrator of the behaviour complained of — Failure to open a disciplinary procedure — Article 86 of the Staff Regulations — Reply to a request for assistance — Action for annulment — Act adversely affecting an official — Infringement of the right to be heard — No statement of reasons — Denial of access to the investigation report and other documents — Article 41 of the Charter of Fundamental Rights — Liability)
ECLI:EU:UNKNOWN:62019TA0065
62019TA0065
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Official Journal of the European Union
C 357/18
(Case T-65/19) (*)
(Civil service - ECDC staff - Psychological harassment - Article 12a of the Staff Regulations - Request for assistance - Scope of the duty to provide assistance - Article 24 of the Staff Regulations - Resignation of the perpetrator of the behaviour complained of - Failure to open a disciplinary procedure - Article 86 of the Staff Regulations - Reply to a request for assistance - Action for annulment - Act adversely affecting an official - Infringement of the right to be heard - No statement of reasons - Denial of access to the investigation report and other documents - Article 41 of the Charter of Fundamental Rights - Liability)
(2021/C 357/28)
Language of the case: English
Parties
Applicant: AI (represented by: L. Levi and A. Champetier, lawyers)
Defendant: European Centre for Disease Prevention and Control (represented by: J. Mannheim and A. Iber, acting as Agents, and by D. Waelbroeck and A. Duron, lawyers)
Re:
Application under Article 270 TFEU seeking, first, annulment of the decisions of ECDC of 18 May 2018, 20 June 2018 and 26 October 2018 taken in response to the applicant’s request for assistance on the ground of psychological harassment and his request for access to certain documents and, secondly, compensation for the damage which he suffered.
Operative part of the judgment
The Court:
1.Annuls the decision of the European Centre for Disease Prevention and Control (ECDC) of 18 May 2018 adopted in response to the request for assistance submitted by AI on 20 June 2017;
2.Annuls the decision of the ECDC of 20 June 2018 in so far as it refused AI access to the non-confidential parts of the investigation report relating to his request for assistance of 20 June 2017 and of A’s email of 17 January 2018 that concern him;
3.Annuls the ECDC decision of 26 October 2018 rejecting AI’s complaint of 2 July 2018;
4.Dismisses the claim for damages;
5.Orders ECDC to bear, in addition to its own costs, three-quarters of the costs incurred by AI;
6.Orders AI to bear one quarter of his own costs.
(*) Language of the case: English.
(1) OJ C 131, 8.4.2019.