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Case T-530/12 P: Judgment of the General Court of 9 October 2014 — Bermejo Garde v EESC (Appeal — Civil service — Officials — Psychological harassment — Illegal activities affecting the interests of the European Union — Serious failure to comply with the obligations of officials — Articles 12(a) and 22(a) of the Staff Regulations — Denunciation by the appellant — Reassignment following that denunciation — No consultation of OLAF by the immediate superior who received the information — Measures adversely affecting a person — Good faith — Rights of the defence — Competence of the authority issuing the measure)
ECLI:EU:UNKNOWN:62012TA0530
62012TA0530
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Valentina R., lawyer
24.11.2014
Official Journal of the European Union
C 421/35
(Case T-530/12 P) (<span class="super">1</span>)
((Appeal - Civil service - Officials - Psychological harassment - Illegal activities affecting the interests of the European Union - Serious failure to comply with the obligations of officials - Articles 12(a) and 22(a) of the Staff Regulations - Denunciation by the appellant - Reassignment following that denunciation - No consultation of OLAF by the immediate superior who received the information - Measures adversely affecting a person - Good faith - Rights of the defence - Competence of the authority issuing the measure))
2014/C 421/48
Language of the case: French
Parties
Appellant: Moises Bermejo Garde (Brussels, Belgium) (represented by: L. Levi, lawyer)
Other party to the proceedings: European Economic and Social Committee (EESC) (represented initially by G. Nijborg, and subsequently by U. Schwab and M. Lernhart, acting as Agents, assisted by B. Wägenbaur, lawyer)
Re:
Appeal against the judgment of the European Union Civil Service Tribunal (First Chamber) of 25 September 2012 in Bermejo Garde v EESC (F-41/10, not yet published in the ECR), seeking the setting aside of that judgment.
Operative part of the judgment
The Court:
1.Sets aside the judgment of the European Union Civil Service Tribunal (First Chamber) of 25 September 2012 in Bermejo Garde v EESC (F-41/10) in so far as it dismisses Mr Moises Bermejo Garde’s action for annulment of Decision No 133/10 A of the European Economic and Social Committee (EESC) of 24 March 2010 relieving him of his previous post and of EESC Decision No 184/10 A of 13 April 2010 concerning his reassignment;
2.Dismisses the remainder of the appeal;
3.Refers the case back to the Civil Service Tribunal;
4.Reserves the costs.
(<span class="super">1</span>) OJ C 55, 23.2.2013.