Judgment_paragraph 77 · CQ v European Parliament (F-12/13)

77By virtue of the fact that the adjective ‘intentional’ applies to the first condition, and not to the second, it is possible to draw a twofold conclusion. First, the physical behaviour, spoken or written language, gestures or other acts referred to by Article 12a(3) of the Staff Regulations must be intentional in character, which excludes from the scope of that provision improper conduct which arises accidentally. Secondly, it is not, on the other hand, a requirement to prove that such physical behaviour, spoken or written language, gestures or other acts were committed with the intention of undermining the personality, dignity or physical or psychological integrity of a person. In other words, there can be psychological harassment within the meaning of Article 12a(3) of the Staff Regulations without the need to demonstrate that there has been any intention on the part of the harasser, by his conduct, to discredit the victim or deliberately impair the latter’s working conditions. It is sufficient that such improper conduct, provided that it was committed intentionally, led objectively to such consequences (see, to that effect, judgment in Q v Commission, EU:F:2008:161, paragraph 135, not set aside on that point by the judgment in Commission v Q, EU:T:2011:347, and Cantisani v Commission, EU:F:2012:71, paragraph 89).