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Case T-570/16: Judgment of the General Court of 24 April 2017 — HF v Parliament (Civil Service — Member of the auxiliary contract staff — Article 24 of the Staff Regulations — Request for assistance — Article 12a of the Staff Regulations — Psychological harassment — Article 90(1) of the Staff Regulations — Statutory reply period of four months — AECC decision to open an administrative inquiry — No position adopted by the AECC within the statutory reply period as to the reality of the alleged psychological harassment — Concept of decision impliedly rejecting the request for assistance — Non-existent act — Inadmissibility)
ECLI:EU:UNKNOWN:62016TA0570
62016TA0570
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Official Journal of the European Union
C 178/14
(Case T-570/16) (<span class="super note-tag">1</span>)
((Civil Service - Member of the auxiliary contract staff - Article 24 of the Staff Regulations - Request for assistance - Article 12a of the Staff Regulations - Psychological harassment - Article 90(1) of the Staff Regulations - Statutory reply period of four months - AECC decision to open an administrative inquiry - No position adopted by the AECC within the statutory reply period as to the reality of the alleged psychological harassment - Concept of decision impliedly rejecting the request for assistance - Non-existent act - Inadmissibility))
(2017/C 178/16)
Language of the case: French
Parties
Applicant: HF (represented by: A. Tymen, lawyer)
Defendant: European Parliament (represented by: E. Taneva and M. Ecker, acting as Agents)
Re:
Application on the basis of Article 270 TFEU seeking, firstly, the annulment of an implied decision of the Parliament’s Authority empowered to conclude contracts of employment, allegedly made on 11 April 2015, rejecting the request for assistance made by the applicant on 11 December 2014 and, secondly, compensation for the harm allegedly suffered by the applicant.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders the European Parliament to bear its own costs and to pay half of the costs incurred by Ms HF;
3.Orders Ms HF to bear half of her own costs.
(<span class="super">1</span>) OJ C 27, 25.1.2016 (case initially registered before the European Union Civil Service Tribunal under Case No F-142/15 and transferred to the General Court of the European Union on 1.9.2016).