Judgment of the General Court (Sixth Chamber) of 13 July 2017.OZ v European Investment Bank.Civil service — EIB staff — Sexual harassment — Investigation procedure — Investigation Panel’s report — Decision of the President of the EIB not to act on the complaint — No unlawful conduct by the EIB — Liability.Case T-607/16.

Judgment // 13/07/2017 // 3 min read
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Judgment of the General Court (Sixth Chamber) of 13 July 2017 —OZ v EIB

(Case T‑607/16)

(Civil service — EIB staff — Sexual harassment — Investigation procedure — Investigation Panel’s report — Decision of the President of the EIB not to act on the complaint — No unlawful conduct by the EIB — Liability)

  1. Judicial proceedings — Costs — Taxation — Taxation not capable of taking place until after the decision closing the proceedings

(Rules of Procedure of the General Court, Art. 170)

(see para. 20)

  1. Actions for damages — Jurisdiction of the EU judicature — Unlimited jurisdiction — Direction issued to an institution to repair the alleged damage — Not permissible

(Arts 268 TFEU and 340, second para., TFEU)

(see para. 23)

  1. Officials — Staff of the European Investment Bank — Non-contractual liability — Conditions — Unlawfulness —Damage — Causal link — Cumulative conditions — No obligation on the court to examine in a given order

(Art. 340, second para., TFEU)

(see paras 26, 27, 30)

  1. Officials — Staff of the European Investment Bank — Non-contractual liability — Conditions — Compensation for damage caused to a staff member — Administration’s duty to have regard for the interests of officials — Scope

(Arts 268 TFEU, 270 TFEU and 340, second para., TFEU; Staff Regulations, Arts 90 and 91)

(see para. 31)

  1. Officials — Staff of the European Investment Bank — Rights and obligations — Internal investigation concerning alleged sexual harrassment — Duty to act within a reasonable time — Non-compliance — Consequences

(Code of good administrative behaviour for the staff of the European Investment Bank, Art. 3.6)

(see paras 33, 47)

  1. Officials — Staff of the European Investment Bank — Rights and obligations — Internal investigation concerning alleged sexual harrassment — Complainant’s right to be heard — Administration’s duty of confidentiality

(Charter of Fundamental Rights of the European Union, Art. 41(2)(a); Code of good administrative behaviour for the staff of the European Investment Bank, Art. 3.6)

(see paras 52, 53)

  1. Officials — Staff of the European Investment Bank — Rights and obligations — Internal investigation concerning alleged sexual harrassment — Administration’s discretion — Scope — No obligation to call the witnesses proposed by the complainant —

(Code of good administrative behaviour for the staff of the European Investment Bank, Art. 3.6)

(see paras 55-57)

  1. Officials — Staff of the European Investment Bank — Principles — Respect for private and family life — Internal investigation concerning alleged sexual harrassment — Insertion in the raport of the Investigation Panel and in the decision closing the investigation, of matters and comments taken from witness statements and concerning the private life of the complainant — No infringement of the right to respect for private life — Absence/Lack/None (or combine with previous headwords)

(Art. 6 TEU; Charter of Fundamental Rights of the European Union, Art. 7; Code of good administrative behaviour for the staff of the European Investment Bank, Art. 3.6)

(see paras 67, 68, 71-74, 82)

Re:

APPLICATION under Article 270 TFEU seeking, first, annulment of the report of the Investigation Panel of the EIB of 14 September 2015 and the decision of the President of the EIB of 16 October 2015 not to act on the complaint of sexual harassment filed by the applicant and, second, compensation for the damage which the applicant claims to have suffered following that report and that decision.

Operative part

The Court:

  1. Dismisses the action;

  2. Orders OZ to pay the costs.