Judgment of the General Court (Appeal Chamber) of 14 February 2017.Petrus Kerstens v European Commission.Appeal — Civil Service — Officials — Dismissal of the action at first instance — Acts contrary to the dignity of the civil service — Dissemination of insulting remarks with regard to another official — Disciplinary proceedings — Enquiry in the form of an examination of the facts — Disciplinary penalty of a reprimand — Procedural irregularity — Consequences of the irregularity.Case T-270/16 P.

Judgment // 14/02/2017 // 2 min read
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Judgment of the General Court (Appeal Chamber) of 14 February 2017 — Kerstens v Commission

(Case T‑270/16 P)

(Appeal — Civil Service — Officials — Dismissal of the action at first instance — Acts contrary to the dignity of the civil service — Dissemination of insulting remarks with regard to another official — Disciplinary proceedings — Enquiry in the form of an examination of the facts — Disciplinary penalty of a reprimand — Procedural irregularity — Consequences of the irregularity)

  1. Officials — Disciplinary measures — Procedure — Observance of the rights of the defence — No decision opening a prior administrative inquiry — Breach of essential procedural requirement — Person concerned not heard during the prior inquiry — Infringement of the rights of the defence

(Staff Regulations, Annex IX)

(see paras 61, 62, 66-68, 73, 76, 77)

  1. Officials — Disciplinary measures — Decision to open disciplinary proceedings — Administration’s discretion — Scope

(Staff Regulations, Annex IX)

(see para. 81)

Re:

APPEAL brought against the judgment of the European Union Civil Service Tribunal (Second Chamber) of 18 March 2016, Kerstens v Commission (F‑23/15, EU:F:2016:65), and seeking to have that judgment set aside.

Operative part

The Court:

  1. Sets aside the judgment of the European Union Civil Service Tribunal (Second Chamber) of 18 March 2016, Kerstens v Commission (F‑23/15, EU:F:2016:65) in so far as it rejects the claim for annulment of the European Commission’s decision of 15 April 2014 imposing a reprimand on Mr Petrus Kerstens;

  2. Annuls the Commission’s decision of 15 April 2014 imposing a reprimand on Mr Kerstens;

  3. Orders the Commission to pay the costs of the proceedings on appeal and of the proceedings at first instance.