Judgment_paragraph 197 · DI v European Central Bank (T-514/19)

197Finally, although the Conditions of Employment do not specify any fixed relationship between the disciplinary penalties listed therein and the various types of misconduct on the part of officials, and do not state the extent to which aggravating or extenuating circumstances are to be taken into account in the choice of penalty, compliance with Article 47 of the Charter presupposes that a ‘penalty’ imposed by an administrative authority which does not itself satisfy the conditions laid down in that article, as is the case, in the present case, of the Executive Board, must be subject to the subsequent review of a judicial body which has the power to assess fully the proportionality between the misconduct and the penalty (see, judgment of 15 May 2012, Nijs v Court of Auditors, T‑184/11, EU:T:2012:236, paragraph 85 and the case-law cited; see also, to that effect, judgment of 9 September 2010, Andreasen v Commission, T‑17/08 P, EU:T:2010:374, paragraphs 146 and 147; ECtHR, 31 March 2015, Andreasen v. the United Kingdom and 26 other Member States of the European Union, CE:ECHR:2015:0331DEC002882711, § 73). In that regard, the EU judicature ascertains, inter alia, whether the weight attached by the disciplinary authority to the aggravating and extenuating circumstances is proportionate (judgment of 16 March 2004, Afari v ECB, T‑11/03, EU:T:2004:77, paragraph 203).