MO v Council (Judgment) French Text [2021] EUECJ T-587/20 (21 December 2021)

MO v Council (Judgment) French Text [2021] EUECJ T-587/20 (21 December 2021)

The Tribunal found that the Council acted within its broad discretion in reassigning the applicant, that the reassignment was justified by interpersonal difficulties and the applicant's well-being, and did not violate the interest of the service or equivalence of posts. The applicant's right to be heard was not...

Source-derived case information.

Citation
[2021] EUECJ T-587/20
Parties
Applicant: MO; Respondent: Council of the European Union
Jurisdiction
European Union
Procedural Posture
Public Service Employment Dispute / Final Judgment
Outcome
Application dismissed
Legal Topics
Public Service, Staff Reallocation, Performance Evaluation, Right to Be Heard, Compensation for Damages
European Union Law Employment Law Administrative Law Public Service Staff Reallocation Performance Evaluation Right to Be Heard Compensation for Damages

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 3 Authorities cited 9 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

MO

Applicant

Council of the European Union

Respondent

Procedural Posture

Public Service Employment Dispute / Final Judgment

  1. 1 Whether the Council's decision to reassign the applicant was lawful and respected the interest of the service, equivalence of posts, and the applicant's interests
  2. 2 Whether the applicant's right to be heard was violated in the reassignment and evaluation procedures
  3. 3 Whether the 2019 evaluation report contained factual or manifest errors justifying annulment

Ratio Decidendi

The Tribunal found that the Council acted within its broad discretion in reassigning the applicant, that the reassignment was justified by interpersonal difficulties and the applicant's well-being, and did not violate the interest of the service or equivalence of posts. The applicant's right to be heard was not violated, as she was interviewed prior to the decision. The evaluation report was sufficiently motivated, and no manifest error or procedural irregularity was established. The claims for annulment and compensation were rejected.

Court Disposition

Application dismissed

Orders

  • The application is dismissed in its entirety.
  • The applicant is ordered to pay the costs.