Colombani v EEAS (Civil service - Officials - Reports procedure - Judgment) French Text [2024] EUECJ T-158/23 (04 December 2024)

Colombani v EEAS (Civil service - Officials - Reports procedure - Judgment) French Text [2024] EUECJ T-158/23 (04 December 2024)

The Tribunal found that the existence of an ongoing administrative investigation into the evaluator for alleged harassment against the applicant, initiated on the basis of prima facie evidence, created a legitimate doubt as to the evaluator's objective impartiality. The SEAE failed to provide sufficient guarantees...

Source-derived case information.

Citation
[2024] EUECJ T-158/23
Parties
Applicant: Jean-Marc Colombani; Respondent: Service européen pour l’action extérieure (SEAE)
Jurisdiction
European Union
Procedural Posture
Civil Service / Judgment
Outcome
application granted
Legal Topics
Officials, Evaluation Reports, Impartiality, Conflict of Interest, Administrative Procedure
EU Civil Service Law Officials Evaluation Reports Impartiality Conflict of Interest Administrative Procedure

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Summary, issues, holding and outcome

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Parties

Jean-Marc Colombani

Applicant

Service européen pour l’action extérieure (SEAE)

Respondent

Procedural Posture

Civil Service / Judgment

  1. 1 Whether the evaluation report for 2021 was vitiated by lack of objective impartiality due to the evaluator being under administrative investigation for alleged harassment by the applicant.
  2. 2 Whether the evaluation procedure complied with the rules of procedure and the principles of impartiality.

Ratio Decidendi

The Tribunal found that the existence of an ongoing administrative investigation into the evaluator for alleged harassment against the applicant, initiated on the basis of prima facie evidence, created a legitimate doubt as to the evaluator's objective impartiality. The SEAE failed to provide sufficient guarantees to dispel this doubt, and the evaluation could have had a different outcome if another evaluator had been appointed. Therefore, the evaluation report was annulled for lack of objective impartiality.

Court Disposition

application granted

Orders

  • The evaluation report of Jean-Marc Colombani for 2021 is annulled.
  • The Service européen pour l’action extérieure (SEAE) is ordered to pay the costs.