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Case F-103/11: Judgment of the Civil Service Tribunal (Second Chamber) of 10 July 2014 — CG v EIB (Civil Service — Staff of the EIB — Psychological harassment — Inquiry procedure — Decision of the President not to act on a complaint — Opinion of the committee of inquiry — Incorrect definition of psychological harassment — Intentional nature of the conduct — Finding of conduct and symptoms constituting psychological harassment — Search for the causal link — Absence — Inconsistency of the opinion of the committee of inquiry — Manifest error of assessment — Maladministration — Obligation of confidentiality — Protection of personal data — Action for compensation)
ECLI:EU:UNKNOWN:62011FA0103
62011FA0103
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24.11.2014
Official Journal of the European Union
C 421/46
(Case F-103/11) (<span class="super">1</span>)
((Civil Service - Staff of the EIB - Psychological harassment - Inquiry procedure - Decision of the President not to act on a complaint - Opinion of the committee of inquiry - Incorrect definition of psychological harassment - Intentional nature of the conduct - Finding of conduct and symptoms constituting psychological harassment - Search for the causal link - Absence - Inconsistency of the opinion of the committee of inquiry - Manifest error of assessment - Maladministration - Obligation of confidentiality - Protection of personal data - Action for compensation))
2014/C 421/64
Language of the case: French
Parties
Applicant: CG (represented initially by: N. Thieltgen, and subsequently by: J.-N. Louis and D. de Abreu Caldas, lawyers)
Defendant: EIB (represented by: G. Nuvoli and T. Gilliams, acting as Agents, and A. Dal Ferro, lawyer)
Intervener in support of the form of order sought by the applicant: European Data Protection Supervisor (represented initially by: I. Chatelier and H. Kranenborg, and subsequently by: I. Chatelier and A. Buchta, acting as Agents)
Re:
Application for annulment of the decision of the President of the EIB not to take any action following the inquiry concerning alleged psychological harassment and to annul the final conclusion of the committee of inquiry and claim for damages.
Operative part of the judgment
The Tribunal:
1.Annuls the decision of the President of the European Investment Bank of 27 July 2011;
2.Orders the European Investment Bank to pay CG the sum of EUR 35 000;
3.Dismisses the remainder of the action;
4.Orders the European Investment Bank to bear its own costs and to pay the costs incurred by CG;
5.Orders the European Data Protection Supervisor, intervener, to bear its own costs.
(<span class="super">1</span>) OJ C 6, 7.1.2012, p. 25.