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2017-4 Reports of Cases before the Court of Justice and the Court of First Instance 1 (2017)

handle is hein.intyb/rcbjcofi0390 and id is 1 raw text is: ZCVRLA Reports of Cases Case C-337/15 P European Ombudsman V Claire Staelen (Appeal - Non-contractual liability of the European Union - Handling by the European Ombudsman of a complaint concerning the management of a list of suitable candidates in an open competition - Breaches of the duty to act diligently - Concept of a 'sufficiently serious breach' of a rule of EU law - Non-material damage - Loss of confidence in the office of the European Ombudsman) Summary - Judgment of the Court (Grand Chamber), 4 April 2017 1. EU law Principles - Principle of sound administration Duty to act diligently 2. Non-contractual liability - Conditions - Unlawfulness - Sufficiently serious breach of EU law - Infringement by the European Ombudsman of the duty to act diligently in the context of an inquiry into cases of maladministration - Requirement of a manifest and grave disregard on the part of the Ombudsman of the limits on her discretion - Criteria for assessment (Art. 340, second para., TFEU; European Parliament Decision 94/262) 3. Non-contractual liability - Conditions - Unlawfulness - Sufficiently serious breach of EU law - Distortion by the European Ombudsman of the content of a document sent to her in order to support the conclusions of a decision closing an inquiry - Included (Art. 340, second para., TFEU; European Parliament Decision 94/262) 4. Non-contractual liability - Damage - Damage for which compensation is available - Non-material damage caused by a loss of confidence in the office of the European Ombudsman - Not included (Art. 340, second para., TFEU; European Parliament Decision 94/262) 1. The duty to act diligently which is inherent in the principle of sound administration and applies generally to the actions of the EU administration in its relations with the public requires that that administration act with care and caution. In that respect, where an administration is called upon to conduct an inquiry, it is for that administration to conduct it with the greatest possible diligence in order to dispel the doubts which exist and to clarify the situation. (see paras 34, 114) 2. In order for it to be concluded that there is a sufficiently serious breach of the Ombudsman's duty to act diligently, it is necessary to establish that, by failing to act with all the requisite care and caution, the Ombudsman gravely and manifestly disregarded the limits on her discretion in the exercise of her powers of investigation. Whilst having regard to that context, account must, to that end, be taken of all ECLJ:EU:C:2017:2561 Scope 1

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