90That being so, it is clear from the case law of the EU Courts regarding harassment, case law which applies mutatis mutandis in the present case, a fortiori where the person against whom allegations have been made is a person elected to hold an office provided for in the Treaties, that, as a general rule, the institution cannot take disciplinary or other action against a person mentioned in a complaint of harassment (whether or not he or she is a superior of the purported victim) unless the preliminary measures ordered clearly establish that the person accused by the official or staff member has engaged in conduct detrimental to the proper functioning of the service or to the dignity and reputation of the purported victim (judgments of 9 November 1989 in Katsoufros v Court of Justice, 55/88, EU:C:1989:409, paragraph 16; of 28 February 1996 in Dimitriadis v Court of Auditors, T‑294/94, EU:T:1996:24, paragraph 39; and of 4 May 2005 in Schmit v Commission, EU:T:2005:158, paragraph 108).
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