Mikulik v Council (Judgment) French Text [2015] EUECJ F-67/14 (25 June 2015)

Mikulik v Council (Judgment) French Text [2015] EUECJ F-67/14 (25 June 2015)

The Tribunal found that the applicant's dismissal at the end of his probationary period was lawful. The evaluation process did not violate Article 34 of the Staff Regulations or Article 41 of the Charter. The involvement of an external consultant was not determinative or improper, the applicant received adequate...

Source-derived case information.

Citation
[2015] EUECJ F-67/14
Parties
Applicant: Filip Mikulik; Respondent: Council of the European Union
Jurisdiction
European Union
Procedural Posture
Public Service Employment Dispute / Final Judgment
Outcome
application dismissed
Legal Topics
EU Civil Service, Probationary Period, Dismissal of Probationary Official, Rights of Defence, Duty of Care, Conflict of Interest, Damages for Unlawful Dismissal
European Union Law Employment Law Administrative Law EU Civil Service Probationary Period Dismissal of Probationary Official Rights of Defence Duty of Care +2 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 4 Authorities cited 18 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Filip Mikulik

Applicant

Council of the European Union

Respondent

Procedural Posture

Public Service Employment Dispute / Final Judgment

  1. 1 Whether the dismissal of the applicant at the end of his probationary period was lawful under Article 34 of the Staff Regulations and Article 41 of the Charter of Fundamental Rights of the European Union
  2. 2 Whether the applicant's rights of defence and duty of care were respected
  3. 3 Whether there was a conflict of interest or misuse of power in the evaluation process

Ratio Decidendi

The Tribunal found that the applicant's dismissal at the end of his probationary period was lawful. The evaluation process did not violate Article 34 of the Staff Regulations or Article 41 of the Charter. The involvement of an external consultant was not determinative or improper, the applicant received adequate support and guidance, and his rights of defence were respected. There was no conflict of interest or misuse of power. Since the annulment claim was rejected, the claim for damages was also rejected.

Court Disposition

application dismissed

Orders

  • The application is rejected in its entirety.
  • Mr. Mikulik shall bear his own costs and is ordered to pay the costs incurred by the Council of the European Union.