Case C-337/15 P /Judgment

European Ombudsman v Claire Staelen
Deciding body type
Court of Justice of the European Union
Deciding body
Court (Grand Chamber)
Decision date
ECLI (European case law identifier)
  • Case C-337/15 P /Judgment

    Key facts of the case:

    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.


    Outcome of the case:

    On those grounds, the Court (Grand Chamber) hereby:

    1. Declares the application made by Ms Claire Staelen in her response for the European Ombudsman to be ordered to pay her compensation in the amount of EUR 50000 inadmissible;
    2. Sets aside points 1, 3 and 4 of the operative part of the judgment of the General Court of the European Union of 29 April 2015, Staelen v Ombudsman (T‑217/11, EU:T:2015:238);
    3. Orders the European Ombudsman to pay Ms Claire Staelen compensation in the amount of EUR 7000;
    4. Orders Ms Claire Staelen to bear her own costs and to pay those incurred by the European Ombudsman in relation to the cross-appeal, dismissed by order of 29 June 2016, Ombudsman v Staelen (C‑337/15 P, not published, EU:C:2016:670);
    5. Orders the European Ombudsman to bear her own costs and to pay those incurred by Ms Claire Staelen in relation both to the proceedings at first instance and to the main appeal.
  • Paragraphs referring to EU Charter

    29) As a preliminary point, it should be noted that, as is clear from Article 20(2)(d) TFEU, the right to apply to the Ombudsman in the event of maladministration in the activities of the institutions, bodies, offices or agencies of the European Union is a right, conferred in particular on Union citizens, that is also enshrined in Article 43 of the Charter of Fundamental Rights of the European Union.