On May 11, 2010 the European Union Civil Service Tribunal delivered its judgment in case F-30/08, ordering the European Commission to compensate a senior ex Eurostat official for the non-material damage suffered by reason of his illegitimate implication in the Eurostat scandal, dating back in 2003. The defense of the case has been entrusted to our Law Firm.
The Tribunal held in its judgment that the claimant had indeed suffered non-material damage for two reasons: Firstly, due to the damage to his reputation and to his professional status caused both by the improper opening of disciplinary proceedings against him by the Commission and by the leak of his personal data to the Press. Secondly, due to the state of prolonged uncertainty and concern in which the Commission placed him, by delaying to respond to his applications for assistance. More specifically, the Tribunal observed that the opening of disciplinary proceedings by the Commission, while lacking sufficient and relevant evidence, “seriously called in question the honour and reputation of the claimant, both personally and professionally”, leading the public, the Press and the claimant’s colleagues to believe that he had committed reprehensible acts – which under no circumstances results either from the case file or from OLAF’s report.
Moreover, the Tribunal upheld the Commission responsible of “committing fault in the course of duty that caused direct non-material damage” to the claimant, by not assigning to him duties substantial and equivalent to his position for a number of years.
Judging ex aequo et bono the violations of the Commission, the Tribunal ordered the defendant to pay the applicant the sum of 90.000 Euros as compensation for his non-material damage and also to bear the costs of the procedure.