Judgment_paragraph 73 · SU v European Insurance and Occupational Pensions Authority (T-296/21)

73It should be noted that proceedings in civil service cases under Article 270 TFEU and Articles 90 and 91 of the Staff Regulations, including those seeking compensation for damage caused to an official or other member of staff, are subject to specific and special rules in comparison with those arising from the general principles governing the non-contractual liability of the Union under Article 268 and the second paragraph of Article 340 TFEU. It follows from the Staff Regulations in particular that, unlike any other individual, an official or other member of the Union’s staff is connected to the institution to which he or she belongs by a legal employment relationship involving a balance of specific reciprocal rights and obligations, which is reflected by the institution’s duty to have regard for the welfare of the person concerned. That balance is essentially intended to preserve the relationship of trust which must exist between the institutions and their officials and other members of staff in order to guarantee to the public that the general interest missions devolved upon the institutions are fulfilled. It follows that, where it acts as an employer, the Union is subject to greater liability, reflected in its obligation to compensate for damage caused to its staff by any unlawful act committed in its capacity as employer (see judgment of 16 December 2010, Commission v Petrilli, T‑143/09 P, EU:T:2010:531, paragraph 46 and the case-law cited).