HF v Parliament (Staff Regulations of officials and Conditions of Employment of other servants - Judgment) French Text [2017] EUECJ T-570/16 (24 April 2017)

HF v Parliament (Staff Regulations of officials and Conditions of Employment of other servants - Judgment) French Text [2017] EUECJ T-570/16 (24 April 2017)

No implicit rejection decision occurred because the administration took explicit measures (reassignment and opening of an inquiry) within the statutory period; thus, the applicant's claims for annulment and damages are inadmissible as they target a non-existent decision.

Citation
[2017] EUECJ T-570/16
Parties
Applicant: HF; Respondent: Parlement européen
Jurisdiction
European Union
Judgment Date
24 April 2017
Procedural Posture
Employment Dispute (eu Staff Regulations) / Judgment on Admissibility and Merits
Outcome
Application rejected as inadmissible.
Legal Topics
Staff Regulations of Officials, Conditions of Employment of Other Servants, Moral Harassment, Assistance Request, Administrative Procedure, Irreceivability
EU Administrative Law Employment Law Staff Regulations of Officials Conditions of Employment of Other Servants Moral Harassment Assistance Request Administrative Procedure Irreceivability

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Parties

HF

Applicant

Parlement européen

Respondent

Procedural Posture

Employment Dispute (eu Staff Regulations) / Judgment on Admissibility and Merits

Legal Issues

  1. 1 Whether a decision implicit in law rejecting the applicant's request for assistance occurred due to lack of explicit response within the statutory period
  2. 2 Whether the applicant is entitled to damages for alleged moral harassment and procedural delays

Ratio Decidendi

No implicit rejection decision occurred because the administration took explicit measures (reassignment and opening of an inquiry) within the statutory period; thus, the applicant's claims for annulment and damages are inadmissible as they target a non-existent decision.

Court Disposition

Application rejected as inadmissible.

Orders

  • The Parliament shall bear its own costs and half of the applicant's costs.
  • The applicant shall bear half of her own costs.