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Case T-113/22: Judgment of the General Court of 22 March 2023 — Colombani v EEAS (Civil service — Officials — Psychological harassment — Article 12a of the Staff Regulations — Request for assistance — Refusal of the request — Article 24 of the Staff Regulations — Rights of the defence — Error of assessment — Misuse of powers — Amicable settlement — Lack of consent — Retroactive promotion decision)
ECLI:EU:UNKNOWN:62022TA0113
62022TA0113
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Official Journal of the European Union
C 179/39
(Case T-113/22) (<span class="oj-super oj-note-tag">1</span>)
(Civil service - Officials - Psychological harassment - Article 12a of the Staff Regulations - Request for assistance - Refusal of the request - Article 24 of the Staff Regulations - Rights of the defence - Error of assessment - Misuse of powers - Amicable settlement - Lack of consent - Retroactive promotion decision)
(2023/C 179/57)
Language of the case: French
Parties
Applicant: Jean-Marc Colombani (Auderghem, Belgium) (represented by: N. de Montigny, lawyer)
Defendant: European External Action Service (represented by: R. Spáč and A. Ireland, acting as Agents, and M. Troncoso Ferrer, F.-M. Hislaire and L. Lence de Frutos, lawyers)
Re:
By his action under Article 270 TFEU, the applicant seeks, first, annulment of the decision of 15 June 2021 by which the European External Action Service (EEAS) refused, in part, his request for assistance submitted on 18 February 2021 under Article 24 of the Staff Regulations of Officials of the European Union and in accordance with the amicable settlement reached between the parties on 9 February 2021 and the alleged implied decision to promote him to grade AD 14 with retroactive effect from 1 January 2018, as was brought to his attention by his payslip for the month of May 2021, and, secondly, compensation for the material and non-material damage he claims to have suffered as a result of EEAS’s conduct.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Mr Jean-Marc Colombani to pay the costs.
(<span class="oj-super">1</span>) OJ C 165, 19.4.2022.