Judgment_paragraph 48 · RY v European Commission (T-160/17)

48While it is true, as the Commission submits, that the case-law referred to in paragraph 45 above does not require that a hearing be held and that a report or minutes be drawn up concerning that hearing in order to ensure that the right to be heard is respected, it is nevertheless the Commission’s responsibility, where a member of the temporary staff alleges, as in the present case, that his right to be heard was not respected, to prove that the person concerned was given the opportunity to submit his observations on the Commission’s intention to terminate his contract on the ground of a breakdown in the relationship of trust. Moreover, the fact that the Cabinets of Members of the Commission are small entities, as pointed out by the Commission, does not in itself support the conclusion that a staff member holding a position in one of those cabinets was validly heard before a decision was made to dismiss him. Lastly, although the applicant has not provided any explanation or justification as regards the meetings in September and December 2015 alleged by the Commission, it suffices to note that he disputes the Commission’s assertions that he was validly heard during those meetings, and mere assertions by the Commission cannot be given primacy over the denials of the other party (see, to that effect, judgment of 6 December 2007, Marcuccio v Commission, C‑59/06 P, EU:C:2007:756, paragraphs 69 and 70).