Judgment of the European Union Civil Service Tribunal (Third Chamber) 26 June 2013

In Case F‑106/11, ACTION brought under Article 36.2 of the Protocol on the Statute of the European System of Central Banks and of the European Central Bank annexed to the TEU and the TFEU,

THE CIVIL SERVICE TRIBUNAL (Third Chamber) composed of S. Van Raepenbusch, President, R. Barents (Rapporteur) and K. Bradley, Judges, Registrar: X. Lopez Bancalari, Administrator,

having regard to the written procedure and further to the hearing on 26 September 2012,

gives the following

Judgment

Legal context

Factual background to the dispute

Forms of order sought by the parties and procedure

The claims for annulment

The first plea, alleging infringement of Circular No 1/2006

Arguments of the parties

Findings of the Tribunal

The second plea, alleging infringement of Article 44 of the Conditions of Employment and of Article 8.3.2 of the Staff Rules

Arguments of the parties

Findings of the Tribunal

The third plea, alleging infringement of Article 45 of the Conditions of Employment, of the principle of proportionality and of the non bis in idem principle

Arguments of the parties

Findings of the Tribunal

The fourth plea, alleging infringement of the principles of the duty to have regard for the welfare of staff and sound administration

Arguments of the parties

Findings of the Tribunal

The application for damages

Arguments of the parties

Findings of the Tribunal

Costs

1 Language of the case: English.