Judgment_paragraph 97 · Michela Curto v European Parliament (T-275/17)

97In that regard, where a request for assistance for the purposes of Article 24 of the Staff Regulations is made to the AECE or, as the case may be, the appointing authority of an institution, pursuant to Article 90(1) of the Staff Regulations, it must, by virtue of the duty to provide assistance and when faced with an incident which is incompatible with the good order and smooth running of the service, intervene with all the necessary vigour and respond with the rapidity and solicitude required by the circumstances of the case so as to ascertain the facts and, having done so, to take the appropriate action in full knowledge of the matter. To that end, it is sufficient that the official or other member of staff who is seeking the protection of his institution provide prima facie evidence that the attacks of which he claims to have been the victim actually took place. When such evidence is provided, the institution concerned is then under an obligation to take the necessary measures, in particular to conduct an administrative inquiry, with the cooperation of the complainant, to determine the facts which gave rise to the complaint (judgments of 26 January 1989, Koutchoumoff v Commission, 224/87, EU:C:1989:38, paragraphs 15 and 16; of 24 April 2017, HF v Parliament, T‑570/16, EU:T:2017:283, paragraph 46; and of 6 October 2015, CH v Parliament, F‑132/14, EU:F:2015:115, paragraph 87).