German Whistleblower Protection Act - A whistleblower from the EU Parliament has received compensation
The first case in relation to the new Whistleblower Protection Act concerned alleged misconduct within the EU Parliament; the case had to be clarified by the ECJ.
In its judgement of 25.10.2023 (case reference: T-44/22) the ECJ had to rule on a parliamentary assistant who had reported harassment and financial irregularities relating to his supervisor, an MEP. After this report, he was then initially assigned to another MEP and, shortly afterwards, relieved of his duties altogether; moreover, his fixed-period contract was not renewed. Subsequently, the assistant demanded compensation of €200,000 as he felt aggrieved by the inadequate protection and violation of the confidentiality of his identity.
The ECJ partially ruled in favour of the claimant, annulled the decision not to adopt additional protective measures and awarded the claimant compensation of €10,000. The court stated that the EU Parliament had failed to recognise the assistant’s status as a whistleblower without good reason and had disclosed this without his consent. As a result, he was exposed to potential reprisals. The court declared that Parliament should have recognised the assistant’s status as a whistleblower and protected him from retaliatory measures, especially as the claimant had provided credible evidence of the harm he suffered as a result of the reassignment.
At the same time, the ECJ clarified that the non-renewal of the claimant’s fixed-period contract basically complied with the applicable regulations and that he was not entitled to the renewal of his contract. The case underscores the employer’s obligation to adopt comprehensive measures to shield whistleblowers and to protect them from the negative consequences resulting from their reporting.