Judgment_paragraph 75 · Michela Curto v European Parliament (T-275/17)

75However, in its assessment of the first plea, it falls to the Court to ascertain whether the AECE was right in concluding, in the second decision refusing assistance, that the acts alleged by the applicant did not constitute psychological harassment within the meaning of Article 12a of the Staff Regulations and, therefore, did not justify the adoption of measures in accordance with the duty to provide assistance under Article 24 of the Staff Regulations. In that regard, it should further be pointed out that the definition laid down in Article 12a of the Staff Regulations is based on an objective concept which, although based on a contextual classification of the actions and behaviour of officials and other members of staff, which is not always straightforward, does not, in any event, call for complex assessments to be carried out, such as those that may have to be conducted in respect of economic concepts (see, concerning trade protection measures, judgments of 7 May 1991, Nakajima v Council, C‑69/89, EU:C:1991:186, paragraph 86, and of 27 September 2007, Ikea Wholesale, C‑351/04, EU:C:2007:547, paragraph 40), scientific concepts (see, in respect of decisions of the European Chemicals Agency (ECHA), judgment of 7 March 2013, Rütgers Germany and Others v ECHA, T‑94/10, EU:T:2013:107, paragraphs 98 and 99), or technical concepts (see, in respect of decisions of the Community Plant Variety Office (CPVO), judgment of 15 April 2010, Schräder v CPVO, C‑38/09 P, EU:C:2010:196, paragraph 77), which warrant a margin of discretion being afforded to the administrative body in applying the concept in question. Therefore, where it has been alleged that Article 12a of the Staff Regulations was misapplied, it is necessary to examine whether the AECE erred in its assessment of the facts in the light of the definition of psychological harassment laid down in that provision, not whether that error is manifest.