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Case T-470/20: Judgment of the General Court of 7 September 2022 — DD v FRA (Civil service — Temporary staff — Disciplinary regime — Removal from post — Opening of an administrative investigation — Initiation of disciplinary proceedings — Requirement for impartiality — Error of law — Manifest error of assessment — Articles 11, 12 and 21 of the Staff Regulations — Duty of loyalty — Legal certainty — Freedom of expression — Article 11 of the Charter of Fundamental Rights — Principle of sound administration — Duty of care — Presumption of innocence — Right to be heard — Reasonable period of time — Proportionality of the sanction)
ECLI:EU:UNKNOWN:62020TA0470
62020TA0470
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Valentina R., lawyer
31.10.2022
Official Journal of the European Union
C 418/18
(Case T-470/20) (<span class="oj-super oj-note-tag">1</span>)
(Civil service - Temporary staff - Disciplinary regime - Removal from post - Opening of an administrative investigation - Initiation of disciplinary proceedings - Requirement for impartiality - Error of law - Manifest error of assessment - Articles 11, 12 and 21 of the Staff Regulations - Duty of loyalty - Legal certainty - Freedom of expression - Article 11 of the Charter of Fundamental Rights - Principle of sound administration - Duty of care - Presumption of innocence - Right to be heard - Reasonable period of time - Proportionality of the sanction)
(2022/C 418/22)
Language of the case: English
Parties
Applicant: DD (represented by: L. Levi, lawyer)
Defendant: European Union Agency for Fundamental Rights (represented by: M. O’Flaherty, acting as Agent, and by B. Wägenbaur, lawyer)
Re:
By his action under Article 270 TFEU, the applicant, DD, seeks, first, annulment of the decision of the European Union Agency for Fundamental Rights (FRA) of 12 November 2019 by which it imposed on him the disciplinary sanction of removal from post (‘the decision to remove from post’) and of the decision of 15 April 2020 rejecting the complaint against the decision to remove from post (‘the decision rejecting the complaint’) and, secondly, compensation for the material and non-material damage which he has suffered.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders DD to pay, in addition to his own costs, those incurred by the European Union Agency for Fundamental Rights (FRA).
(<span class="oj-super">1</span>) OJ C 339, 12.10.2020.
* * *
Language of the case: English