20.6.2016
EN
Official Journal of the European Union
C 222/38
Judgment of the Civil Service Tribunal (3rd Chamber) of 12 May 2016 — FS v EESC
(Case F-102/15) (1)
((Civil service - Temporary staff - Article 41 of the Charter of Fundamental Rights - Right of every person to have access to his or her file - Access to documents concerning an attempt at mediation - Attempt at mediation initiated by the current president of the EESC and conducted under the auspices of a former president of the EESC - Right of access to the report drawn up at the end of the mediation procedure - Administrative investigation opened after the mediation procedure - Article 3 of Annex IX to the Staff Regulations))
(2016/C 222/49)
Language of the case: French
Parties
Applicant: FS (represented by: L. Levi and A. Tymen, lawyers)
Defendant: European Economic and Social Committee (represented by: K. Gambino, X. Chamodraka, M. Pascua Mateo, A. Carvajal and L. Camarena Januzec, Agents, and B. Wägenbaur, lawyer)
Re:
Application for annulment of the decisions of the EESC rejecting the application for access to documents made by the applicant and an application for compensation in respect of the non-material harm allegedly incurred.
Operative part of the judgment
The Tribunal:
1.
Annuls the decision of 19 November 2014 of the president of the European Economic and Social Committee (EESC) in so far as it notifies the refusal to communicate to FS a report concerning her, drawn up by a former president of the EESC at the request of the current president of the EESC;
2.
Declares the claims for annulment to be redundant as to the remainder;
3.
Orders the European Economic and Social Committee to pay FS a sum of EUR 1 000 by way of compensation for the non-material harm she has suffered;
4.
Declares that the European Economic and Social Committee is to bear its own costs and orders it to pay the costs incurred by FS.
(1) OJ C 302, 14/9/2015, p. 70.
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