Judgment of the General Court (Single Judge) of 10 January 2024 –VN v Commission (Case T‑159/23)
Grade B
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Not the law itself: Judgment
Address https://gelex.eu/eli/EU/judgment/62023TJ0159_INF@2024-01-10/en
1. OfficialsSick leaveMedical examinationDecision declaring an official’s absence unauthorised following the medical examinationObligation to state reasonsScopeMedical confidentialityLimitsObligation of the administration to attach or reproduce the medical assessments of the examining doctorNone (Art. 296 TFEU; Charter of Fundamental Rights of the European Union, Art. 41(2)(c)) (see paragraphs 34-37, 39)
2. OfficialsSick leaveMedical examinationConclusions of the medical examination disputedObligation of the official to rely on the arbitration procedureTime limitsTime-barredReopeningConditionUnforeseeable circumstances or force majeureConceptLimits (Staff Regulations of Officials, Art. 59(1), fifth subpara.) (see paragraphs 53-55)
3. OfficialsDuty of the administration to have regard for the welfare of officialsScopeGreater obligation in a case affecting the health of the officialLimitsApplication where a medical examination concludes that the official is fit to workNot included (Charter of Fundamental Rights of the European Union, Art. 41; Staff Regulations of Officials, Art. 59(1)) (see paragraphs 59-61, 63, 66)
4. OfficialsSick leaveMedical examinationConclusions of the medical examination disputedDispute possible only by contrary findings of an independent doctor (Staff Regulations of Officials, Art. 59(1)) (see paragraph 62)
Operative part The Court:
1. Dismisses the action;
2. Orders VN to pay the costs.