Council of State
15 October 2003
Facts
A civil servant used his professional e-mail address for personal exchanges undertaken in his capacity as a member of a religious organisation. He also appeared on the website of this organisation, with this same address, in his capacity as a member of this organisation. As a result, he was temporarily removed from his functions for six months.
Complaint
The applicant complained to the Court of Cassation and asked the judge to cancel his sanction.
Court’s ruling
The Court found that using the public service’s means of communication for the benefit of a religious association, and appearing, under these conditions, on the association’s website as a member constitutes a breach of the principle of secularity and of the obligation of neutrality imposed on all public officials.