Judgment of the European Union Civil Service Tribunal (Third Chamber) 1 October 2014

In Case F-91/13, ACTION brought under Article 270 TFEU, applicable to the EAEC Treaty pursuant to Article 106a thereof,

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 30 April 2014,

gives the following

Judgment

Legal context

Background to the dispute

Forms of order sought

Law

1. The claim for annulment of the decision rejecting the complaint

2. The claim for annulment of the contested decision

The main plea in law, alleging infringement of Article 4(1)(b) and Article 7(3) of Annex VII to the Staff Regulations and a manifest error of assessment

As regards infringement of Article 4(1)(b) of Annex VII to the Staff Regulations

– Arguments of the parties

– Findings of the Tribunal

Infringement of Article 7(3) of Annex VII to the Staff Regulations and manifest error of assessment

The plea in the alternative, alleging infringement of Article 85 of the Staff Regulations, of the principle of legal certainty, the principle of unjust enrichment, the principle of good administration and due diligence

Arguments of the parties

Findings of the Tribunal

3. The claim for repayment of the recovered sum

4. The claim for damages

Arguments of the parties

Findings of the Tribunal

Costs

1 Language of the case: English.