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Joined Cases F-106/13 and F-25/14: Judgment of the Civil Service Tribunal (Second Chamber) of 8 October 2015 — DD v FRA (Civil service — FRA staff — Member of the temporary staff — Career development report — Internal appeal — Accusations of discrimination — Accusations of victimisation within the meaning of Directive 2000/43 — Administrative enquiry — Disciplinary proceedings — Disciplinary penalty — Reprimand — Articles 2, 3, and 11 of Annex IX to the Staff Regulations — Termination of a contract of indefinite duration — Article 47(c)(i) of the CEOS — Right to be heard — Article 41(2)(a) of the Charter of Fundamental Rights of the European Union)
ECLI:EU:UNKNOWN:62013FA0106
62013FA0106
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16.11.2015
Official Journal of the European Union
C 381/62
(Joined Cases F-106/13 and F-25/14) (1)
((Civil service - FRA staff - Member of the temporary staff - Career development report - Internal appeal - Accusations of discrimination - Accusations of victimisation within the meaning of Directive 2000/43 - Administrative enquiry - Disciplinary proceedings - Disciplinary penalty - Reprimand - Articles 2, 3, and 11 of Annex IX to the Staff Regulations - Termination of a contract of indefinite duration - Article 47(c)(i) of the CEOS - Right to be heard - Article 41(2)(a) of the Charter of Fundamental Rights of the European Union))
(2015/C 381/87)
Language of the case: English
Parties
Applicant: DD (represented by: L. Levi and M. Vandenbussche, lawyers)
Defendant: European Union Agency for Fundamental Rights (represented by: M. Kjærum, acting as Agent, and P. Jenkinson, lawyer)
Re:
Case F-106/13: Application for annulment of the decision of the Director of the FRA imposing a disciplinary penalty, in the form of a reprimand, on the applicant.
Case F-25/14: Application for annulment of the decision terminating the applicant’s contract and of the decision rejecting his complaint and an application for damages in respect of the non-material and material harm allegedly suffered.
Operative part of the judgment
The Tribunal:
1.Annuls the decision of 20 February 2013 by which the Director of the European Union Agency for Fundamental Rights imposed a reprimand on DD;
2.Annuls the decision of 13 June 2013 by which the Director of the European Union Agency for Fundamental Rights terminated DD’s contract of indefinite duration as a member of the temporary staff;
3.Dismisses the actions in Joined Cases F-106/13 and F-25/14 as to the remainder;
4.Declares that the European Union Agency for Fundamental Rights is to bear its own costs and orders it to bear the costs incurred by DD.
(1) OJ C 45, 15.2.2014, p. 46 and OJ 184, 16.6.2014, p. 43.