Canel Ferreiro v Council (Civil service - Officials - Disciplinary procedure - Judgment) French Text [2024] EUECJ T-766/22 (29 May 2024)

Canel Ferreiro v Council (Civil service - Officials - Disciplinary procedure - Judgment) French Text [2024] EUECJ T-766/22 (29 May 2024)

The disciplinary decision lacked sufficient motivation as to the specific facts constituting violations of Articles 12 and 21 of the Staff Regulations, preventing judicial review of its merits. The decision was annulled for insufficient motivation, without need to examine other grounds.

Source-derived case information.

Citation
[2024] EUECJ T-766/22
Parties
Applicant: Maria Canel Ferreiro; Respondent: Council of the European Union
Jurisdiction
European Union
Procedural Posture
Civil Service Disciplinary Annulment / Final Judgment
Outcome
decision annulled in part, rejected in part
Legal Topics
Disciplinary Procedure, Officials, Sanction of Reprimand, Dignity of Office, Motivation Obligation, Principle of Good Administration, Impartiality
EU Administrative Law Employment Law Disciplinary Procedure Officials Sanction of Reprimand Dignity of Office Motivation Obligation Principle of Good Administration +1 more

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Summary, issues, holding and outcome

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Parties

Maria Canel Ferreiro

Applicant

Council of the European Union

Respondent

Procedural Posture

Civil Service Disciplinary Annulment / Final Judgment

  1. 1 Whether the disciplinary sanction of reprimand imposed on the applicant was sufficiently motivated
  2. 2 Whether the decision violated the obligation of impartiality and good administration under Article 41 of the Charter
  3. 3 Whether the acts alleged constituted violations of Articles 12 and 21 of the Staff Regulations

Ratio Decidendi

The disciplinary decision lacked sufficient motivation as to the specific facts constituting violations of Articles 12 and 21 of the Staff Regulations, preventing judicial review of its merits. The decision was annulled for insufficient motivation, without need to examine other grounds.

Court Disposition

decision annulled in part, rejected in part

Orders

  • The Council's decision of 25 November 2021 imposing a reprimand on Maria Canel Ferreiro is annulled.
  • The application is rejected for the remainder.