Coedo Suarez v Council French Text [2016] EUECJ T-297/15 (14 January 2016)

Coedo Suarez v Council French Text [2016] EUECJ T-297/15 (14 January 2016)

The Tribunal of the Civil Service erred in law by relying solely on the applicant's fitness for work to dismiss his health as a mitigating circumstance, and failed to provide adequate reasoning for rejecting the argument that his health and medication affected his work performance. However, upon review, the...

Source-derived case information.

Citation
[2016] EUECJ T-297/15
Parties
Applicant: Ángel Coedo Suárez; Respondent: Council of the European Union
Jurisdiction
European Union
Procedural Posture
Appeal / Judgment on Appeal and Merits
Outcome
Appeal allowed in part; original judgment partially annulled; applicant's original claim dismissed; costs apportioned.
Legal Topics
Disciplinary Proceedings, Public Service Employment, Proportionality, Obligation to State Reasons, Health and Disability in Employment
European Union Law Employment Law Administrative Law Disciplinary Proceedings Public Service Employment Proportionality Obligation to State Reasons Health and Disability in Employment

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Parties

Ángel Coedo Suárez

Applicant

Council of the European Union

Respondent

Procedural Posture

Appeal / Judgment on Appeal and Merits

  1. 1 Whether the Tribunal of the Civil Service erred in law by failing to consider the applicant's health as a mitigating circumstance in disciplinary sanction.
  2. 2 Whether the obligation to state reasons was breached by the lower tribunal.

Ratio Decidendi

The Tribunal of the Civil Service erred in law by relying solely on the applicant's fitness for work to dismiss his health as a mitigating circumstance, and failed to provide adequate reasoning for rejecting the argument that his health and medication affected his work performance. However, upon review, the disciplinary bodies had considered the applicant's health and found it did not justify or mitigate the serious misconduct. The applicant failed to provide evidence that his health issues warranted a lesser sanction.

Court Disposition

Appeal allowed in part; original judgment partially annulled; applicant's original claim dismissed; costs apportioned.

Orders

  • The judgment of the Tribunal of the Civil Service of 26 March 2015 is annulled insofar as it rejected the second limb of the first plea regarding mitigating circumstances.
  • The applicant's original claim before the Tribunal of the Civil Service is dismissed.