XH v Commission (Harcèlement pendant un congé de maladie)

OPINION OF ADVOCATE GENERALSPIELMANNdelivered on 22 May 2025 (1)Case C‑75/24 PXHv European Commission( Appeal – Civil service – Officials – Alleged harassment during a period of sick leave – Request for assistance and claim for compensation – Rejection of the request and the claim ) Introduction 1.        By her appeal, XH seeks the setting aside of the judgment of the General Court of the European Union of 22 November 2023, XH v Commission (T‑613/21, EU:T:2023:739) (‘the judgment under appeal’), by which the General Court dismissed her action (i) for the annulment of, first, Decision D/374/20 of the European Commission of 4 December 2020 rejecting her request for assistance (‘the decision rejecting the request for assistance’) and, second, Decision Ares(2021) 3466486 of the Commission of 21 May 2021 concerning the referral of her case to the Invalidity Committee (‘the decision opening the invalidity procedure’) and (ii) for compensation for the non-material damage she alleged to have sustained as well as for an order that the Commission pay the costs.2.        As requested by the Court, this Opinion will focus on the question of the taking into account of contextual factors in the case of a request for assistance, as provided for by Article 24 of the Staff Regulations of Officials of the European Union, in connection with alleged psychological harassment. Legal framework 3.        Article 12 of the Staff Regulations, in the version applicable to the facts of the case (‘the...