Commission v RQ (Staff Regulations of officials and Conditions of Employment of other servants - Commission Decision waiving official's immunity - Opinion) [2019] EUECJ C-831/18P_O (19 December 2019)

Commission v RQ (Staff Regulations of officials and Conditions of Employment of other servants - Commission Decision waiving official's immunity - Opinion) [2019] EUECJ C-831/18P_O (19 December 2019)

A Commission decision waiving an official's immunity constitutes an act adversely affecting that official under Article 90(2) of the Staff Regulations because it removes a direct legal protection and exposes the official to national proceedings. The right to be heard under Article 41(2)(a) of the Charter applies before such a decision is taken, and the Commission must balance investigative confidentiality with the official's procedural rights through a proportionality assessment. The Commission's systematic omission of a hearing violates the Charter and the Staff Regulations.

Citation
[2019] EUECJ C-831/18P_O
Parties
Appellant: European Commission; Respondent: RQ
Jurisdiction
European Union
Judgment Date
19 December 2019
Procedural Posture
Appeal / Opinion of Advocate General on Appeal From General Court
Outcome
Opinion to dismiss the Commission's appeal and uphold the General Court's annulment of the Commission's decision waiving RQ's immunity.
Legal Topics
Staff Regulations of EU Officials, Privileges and Immunities, Right to Be Heard, Good Administration, Waiver of Immunity, Judicial Review
European Union Law Administrative Law Employment Law Staff Regulations of EU Officials Privileges and Immunities Right to Be Heard Good Administration Waiver of Immunity +1 more

Case Brief

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Parties

European Commission

Appellant

RQ

Respondent

Procedural Posture

Appeal / Opinion of Advocate General on Appeal From General Court

Legal Issues

  1. 1 Whether a Commission decision waiving an official's immunity constitutes an act adversely affecting the official under Article 90(2) of the Staff Regulations
  2. 2 Whether the right to be heard under Article 41(2)(a) of the Charter applies before waiving immunity
  3. 3 Whether the Commission must balance investigative confidentiality with the official's procedural rights

Ratio Decidendi

A Commission decision waiving an official's immunity constitutes an act adversely affecting that official under Article 90(2) of the Staff Regulations because it removes a direct legal protection and exposes the official to national proceedings. The right to be heard under Article 41(2)(a) of the Charter applies before such a decision is taken, and the Commission must balance investigative confidentiality with the official's procedural rights through a proportionality assessment. The Commission's systematic omission of a hearing violates the Charter and the Staff Regulations.

Court Disposition

Opinion to dismiss the Commission's appeal and uphold the General Court's annulment of the Commission's decision waiving RQ's immunity.