Official Journal of the European Union

C 222/38

(Case F-102/15) (*)

((Civil service - Temporary staff - Article 41 of the Charter of Fundamental Rights - Right of every person to have access to his or her file - Access to documents concerning an attempt at mediation - Attempt at mediation initiated by the current president of the EESC and conducted under the auspices of a former president of the EESC - Right of access to the report drawn up at the end of the mediation procedure - Administrative investigation opened after the mediation procedure - Article 3 of Annex IX to the Staff Regulations))

(2016/C 222/49)

Language of the case: French

Parties

Applicant: FS (represented by: L. Levi and A. Tymen, lawyers)

Defendant: European Economic and Social Committee (represented by: K. Gambino, X. Chamodraka, M. Pascua Mateo, A. Carvajal and L. Camarena Januzec, Agents, and B. Wägenbaur, lawyer)

Re:

Application for annulment of the decisions of the EESC rejecting the application for access to documents made by the applicant and an application for compensation in respect of the non-material harm allegedly incurred.

Operative part of the judgment

The Tribunal:

1.Annuls the decision of 19 November 2014 of the president of the European Economic and Social Committee (EESC) in so far as it notifies the refusal to communicate to FS a report concerning her, drawn up by a former president of the EESC at the request of the current president of the EESC;

2.Declares the claims for annulment to be redundant as to the remainder;

3.Orders the European Economic and Social Committee to pay FS a sum of EUR 1 000 by way of compensation for the non-material harm she has suffered;

4.Declares that the European Economic and Social Committee is to bear its own costs and orders it to pay the costs incurred by FS.

(*)

Language of the case: French

(1) OJ C 302, 14/9/2015, p. 70.