July 31
2021
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14th June 2021
Institutional law

Analysis: “No one to blame in the Commission v De Esteban Alonso case? The example of an EU official caught unguarded between two fires” by Maddalen Martín Arteche

The judgment of the Court of Justice in the Commission v De Esteban Alonso case (C-591/19 P) (a summary is available here) leaves more questions than answers. It is true that the Court of Justice drew a line between officials ‘referred to by name’ and officials ‘possibly implicated’ in an internal investigation carried out by OLAF for the purpose of the application of the rights of defence contained in Article 4 of Decision 1999/396. In addition, the Court of Justice shed light on the conditions necessary for the Commission to join the proceedings before the national judicial authorities as a civil party prior to the adoption of OLAF’s final report. The latter finding should guide the General Court in the resolution of the action for dam

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