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Case T-514/19: Judgment of the General Court of 9 June 2021 — DI v ECB (Civil service — ECB staff — Reimbursement of medical expenses and education expenses — Forgery — Disciplinary proceedings — Dismissal — Criminal proceedings — No further action taken — Acquittal — Competence of the Executive Board — Legal certainty — Time-barred disciplinary proceedings — Adage according to which ‘disciplinary proceedings arising out of a criminal offence must await the outcome of the criminal trial’ — Presumption of innocence — Impartiality of the Disciplinary Committee — Error of law — Probative value of the evidence — Reasonable time — Proportionality of the penalty — Intensity of the judicial review — Liability)
ECLI:EU:UNKNOWN:62019TA0514
62019TA0514
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Valentina R., lawyer
26.7.2021
Official Journal of the European Union
C 297/35
(Case T-514/19) (*)
(Civil service - ECB staff - Reimbursement of medical expenses and education expenses - Forgery - Disciplinary proceedings - Dismissal - Criminal proceedings - No further action taken - Acquittal - Competence of the Executive Board - Legal certainty - Time-barred disciplinary proceedings - Adage according to which ‘disciplinary proceedings arising out of a criminal offence must await the outcome of the criminal trial’ - Presumption of innocence - Impartiality of the Disciplinary Committee - Error of law - Probative value of the evidence - Reasonable time - Proportionality of the penalty - Intensity of the judicial review - Liability)
(2021/C 297/41)
Language of the case: English
Parties
Applicant: DI (represented by: L. Levi, lawyer)
Defendant: European Central Bank (represented by: F. Malfrère and F. von Lindeiner, acting as Agents, and by B. Wägenbaur, lawyer)
Re:
Action under Article 270 TFEU and Article 50a of the Statute of the Court of Justice of the European Union seeking, first, annulment of the ECB’s decision of 7 May 2019 dismissing the applicant without notice on disciplinary grounds and of its decision of 25 June 2019 refusing to reopen the disciplinary proceedings, second, an order that the applicant be reinstated as from 11 May 2019 and, third, compensation for the non-material damage which the applicant claims to have suffered as a result of those decisions and by reason of the length of the disciplinary proceedings.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders DI to bear his own costs and to pay three quarters of the costs of the European Central Bank (ECB), which shall bear the rest of its costs.
(*) Language of the case: English.
OJ C 363, 28.10.2019.
ECLI:EU:C:2021:140
Language of the case: English