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Case T-88/21: Judgment of the General Court of 12 October 2022 — Paesen v EEAS (Civil service — Official — EEAS staff posted to a third country — Head of delegation — Management trial period — Final assessment report of the management trial period — Act not adversely affecting an official — Inadmissibility — Re-assignment to a non-managerial post at EEAS headquarters — Obligation to state reasons — Right to be heard — Conditions for the application of Article 11 of Commission Decision C (2008) 5028/2 of 9 September 2008 on middle management staff to heads of delegation — Failure to include documents in the personal file — Interests of the service — Misuse of powers — Request for assistance — Decision rejecting the request — Liability)
ECLI:EU:UNKNOWN:62021TA0088
62021TA0088
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Official Journal of the European Union
C 463/27
(Case T-88/21) (<span class="oj-super oj-note-tag">1</span>)
(Civil service - Official - EEAS staff posted to a third country - Head of delegation - Management trial period - Final assessment report of the management trial period - Act not adversely affecting an official - Inadmissibility - Re-assignment to a non-managerial post at EEAS headquarters - Obligation to state reasons - Right to be heard - Conditions for the application of Article 11 of Commission Decision C (2008) 5028/2 of 9 September 2008 on middle management staff to heads of delegation - Failure to include documents in the personal file - Interests of the service - Misuse of powers - Request for assistance - Decision rejecting the request - Liability)
(2022/C 463/36)
Language of the case: French
Parties
Applicant: Sandra Paesen (Beersel, Belgium) (represented by: M. Casado García-Hirschfeld, lawyer)
Defendant: European External Action Service (represented by: S. Marquardt and R. Spáč, acting as Agents)
Re:
By her action under Article 270 TFEU, the applicant seeks, first, annulment of (i) the final assessment report of her management trial period, (ii) the decision of the European External Action Service (EEAS) dated 10 April 2020 re-assigning her to a non-managerial post and (iii) the decision of the EEAS dated 12 May 2020 rejecting her request for assistance, second, compensation for the material and non-material damage allegedly suffered by her.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Ms Sandra Paesen to pay the costs.
(<span class="oj-super">1</span>) OJ C 138, 19.4.2021.
Language of the case: French