Judgment_paragraph 9 · RQ v European Commission (T-29/17)

9Next, the Commission pointed out, in recital 10 of the contested decision, that it was appropriate to take into consideration the highly specific legal framework governing OLAF investigations. Thus, by Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and of the Council and Council Regulation (Euratom) No 1074/1999 (OJ 2013 L 248, p. 1), the EU legislature conferred powers of investigation on OLAF that the latter, although connected to the Commission, exercises in full independence, including from the Commission itself. That specific regulatory framework requires the Commission to satisfy itself that, by granting the request to waive immunity, it does not hinder the independence and proper functioning of OLAF as an independent EU anti-fraud investigation office, failing which the EU judicature could declare its actions unlawful further to an action brought by the official concerned on the basis of Article 17(3) of Regulation No 883/2013.