# 62015FO0105

ORDER OF THE PRESIDENT OF THE THIRD CHAMBER OF THE EUROPEAN UNION CIVIL SERVICE TRIBUNAL

12 November 2015 (
  *
  )

*

‛Amicable settlement — Article 90(1) of the Rules of Procedure — Agreement between the parties on the initiative of the Tribunal — Removal from the register’

In Case F‐105/15,

ACTION brought under Article 270 TFEU,

FM, former member of the contract staff of the European Police College, residing in Basingstoke (United Kingdom),

FM

FO, former member of the contract staff of the European Police College, residing in Tadley (United Kingdom),

FO

represented by L. Levi and A. Blot, lawyers,

applicants,

v

European Police College (CEPOL), represented by F. Bánfi and R. Woldhuis, acting as Agents, assisted by B. Wägenbaur, lawyer,

European Police College (CEPOL)

defendant,

THE PRESIDENT OF THE THIRD CHAMBER OF THE CIVIL SERVICE TRIBUNAL

makes the following

Order

Order

| 1 | By application lodged at the Tribunal Registry on 20 July 2015, FM and FO have sought, in essence:





  — | the annulment of CEPOL’s decision of 22 December 2014 by which it claimed to have accepted their purported resignation; |
| --- | --- | --- |

1

By application lodged at the Tribunal Registry on 20 July 2015, FM and FO have sought, in essence:

—

the annulment of CEPOL’s decision of 22 December 2014 by which it claimed to have accepted their purported resignation;

| — | plus, in so far as necessary, the annulment of CEPOL’s decisions of 10 April 2015 rejecting the complaints submitted by the applicants between 13 January and 17 February 2015; |
| --- | --- |

—

plus, in so far as necessary, the annulment of CEPOL’s decisions of 10 April 2015 rejecting the complaints submitted by the applicants between 13 January and 17 February 2015;

| — | compensation in respect of the material and non-material harm incurred. |
| --- | --- |

—

compensation in respect of the material and non-material harm incurred.

| 2 | In Case F‐41/15 DISS I, in which FM and FO were also applicants and in which the Tribunal applied Article 90(1) of the Rules of Procedure by instructing the Judge-Rapporteur to seek an amicable settlement of the dispute, the applicants and defendant informed the Tribunal, by letters of 9 and 6 October 2015 respectively, supplemented by a letter from the applicants dated 30 October 2015, that they accepted the terms of the proposal for an amicable settlement made by the Judge-Rapporteur, at the same time indicating that the settlement was a comprehensive agreement which also included the amicable settlement of the dispute which gave rise to the present action brought by FM and FO. |
| --- | --- |

2

In Case F‐41/15 DISS I, in which FM and FO were also applicants and in which the Tribunal applied Article 90(1) of the Rules of Procedure by instructing the Judge-Rapporteur to seek an amicable settlement of the dispute, the applicants and defendant informed the Tribunal, by letters of 9 and 6 October 2015 respectively, supplemented by a letter from the applicants dated 30 October 2015, that they accepted the terms of the proposal for an amicable settlement made by the Judge-Rapporteur, at the same time indicating that the settlement was a comprehensive agreement which also included the amicable settlement of the dispute which gave rise to the present action brought by FM and FO.

| 3 | Having regard to the foregoing, it is necessary, in accordance with Article 91(1) of the Rules of Procedure, to record the agreement between the parties on the amicable settlement concluded on the initiative of the Tribunal in Case F‐41/15 DISS I, which has been extended to cover the present case. Consequently, the present case must also be removed from the register of the Tribunal. |
| --- | --- |

3

Having regard to the foregoing, it is necessary, in accordance with Article 91(1) of the Rules of Procedure, to record the agreement between the parties on the amicable settlement concluded on the initiative of the Tribunal in Case F‐41/15 DISS I, which has been extended to cover the present case. Consequently, the present case must also be removed from the register of the Tribunal.

| 4 | Under Article 91(3) of the Rules of Procedure, where there is an agreement between the parties as to costs, the decision made follows that agreement. The costs are therefore to be borne by each of the parties in accordance with the terms of their agreement. |
| --- | --- |

4

Under Article 91(3) of the Rules of Procedure, where there is an agreement between the parties as to costs, the decision made follows that agreement. The costs are therefore to be borne by each of the parties in accordance with the terms of their agreement.

| | On those grounds,
  THE PRESIDENT OF THE THIRD CHAMBER OF THE CIVIL SERVICE TRIBUNAL
  hereby orders: |
| --- | --- |

On those grounds,

THE PRESIDENT OF THE THIRD CHAMBER OF THE CIVIL SERVICE TRIBUNAL

hereby orders:

| | 1. | Case F‐105/15 shall be removed from the register of the Tribunal. |
| --- | --- | --- |

1.

1.

Case F‐105/15 shall be removed from the register of the Tribunal.

Case F‐105/15 shall be removed from the register of the Tribunal.

| | 2. | CEPOL shall bear its own costs and pay the costs incurred by FM and FO, in accordance with the terms of the agreement concluded between them. |
| --- | --- | --- |

2.

2.

CEPOL shall bear its own costs and pay the costs incurred by FM and FO, in accordance with the terms of the agreement concluded between them.

CEPOL shall bear its own costs and pay the costs incurred by FM and FO, in accordance with the terms of the agreement concluded between them.

| | Luxembourg, 12 November 2015. |
| --- | --- |

Luxembourg, 12 November 2015.

| | W. Hakenberg
  Registrar
  S. Van Raepenbusch
  President |
| --- | --- |

W. Hakenberg

Registrar

S. Van Raepenbusch

President

---

(
  *
  )   Language of the case: English.

*