# C_2015262EN.01001701.xml

| 10.8.2015 | EN | Official Journal of the European Union | C 262/17 |
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10.8.2015

EN

Official Journal of the European Union

C 262/17

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Judgment of the General Court of 19 June 2015 — Z v Court of Justice

(Case T-88/13 P) (1)

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((Appeal - Civil service - Officials - Impartiality on the part of the Civil Service Tribunal - Application for the recusal of a judge - Reassignment - Interests of the service - Rule that the grade must correspond with the post - Article 7(1) of the Staff Regulations - Disciplinary proceedings - Rights of the defence))

(2015/C 262/22)

Language of the case: French

Parties

Parties

Appellant: Z (Luxembourg, Luxembourg) (represented by: F. Rollinger, lawyer)

Appellant:

Other party to the proceedings: Court of Justice of the European Union (represented by: A. Placco, acting as Agent)

Other party to the proceedings:

Re:

Re:

Appeal brought against the judgment of the European Union Civil Service Tribunal (Third Chamber) of 5 December 2012 in Z v Court of Justice (F-88/09 and F-48/10, ECR-SC, EU:F:2012:171), and seeking to have that judgment set aside.

Z

Court of Justice

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Sets aside the judgment of the European Union Civil Service Tribunal (Third Chamber) in Z v Court of Justice (F 88/09 and F 48/10, ECR-SC, EU:F:2012:171), in so far as it rejected as ineffective the plea in law, raised in Case F-48/10, alleging lack of competence on the part of the Complaints Committee and illegality of Article 4 of the decision of the Court of Justice of the European Union of 4 May 2004 concerning the exercise of the powers conferred by the Staff Regulations of Officials of the European Union on the appointing authority and by the Conditions of Employment of Other Servants of the European Union on the authority empowered to conclude contracts of employment; |
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1.

Sets aside the judgment of the European Union Civil Service Tribunal (Third Chamber) in Z v Court of Justice (F 88/09 and F 48/10, ECR-SC, EU:F:2012:171), in so far as it rejected as ineffective the plea in law, raised in Case F-48/10, alleging lack of competence on the part of the Complaints Committee and illegality of Article 4 of the decision of the Court of Justice of the European Union of 4 May 2004 concerning the exercise of the powers conferred by the Staff Regulations of Officials of the European Union on the appointing authority and by the Conditions of Employment of Other Servants of the European Union on the authority empowered to conclude contracts of employment;

| 2. | Dismisses the appeal as to the remainder; |
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2.

Dismisses the appeal as to the remainder;

| 3. | Dismisses the appeal in Case F-48/10 in so far as it was based on the ground of appeal alleging lack of competence on the part of the Complaints Committee and illegality of Article 4 of the decision of the Court of Justice of 4 May 2004 concerning the exercise of the powers conferred by the Staff Regulations of Officials of the European Union on the appointing authority and by the Conditions of Employment of Other Servants of the European Union on the authority empowered to conclude contracts of employment; |
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3.

Dismisses the appeal in Case F-48/10 in so far as it was based on the ground of appeal alleging lack of competence on the part of the Complaints Committee and illegality of Article 4 of the decision of the Court of Justice of 4 May 2004 concerning the exercise of the powers conferred by the Staff Regulations of Officials of the European Union on the appointing authority and by the Conditions of Employment of Other Servants of the European Union on the authority empowered to conclude contracts of employment;

| 4. | As regards the costs incurred in the present appeal proceedings, orders Z to bear three quarters of his own costs and three quarters of the costs incurred by the Court of Justice, and orders the Court of Justice to bear one quarter of its own costs and one quarter of the costs incurred by Z. |
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4.

As regards the costs incurred in the present appeal proceedings, orders Z to bear three quarters of his own costs and three quarters of the costs incurred by the Court of Justice, and orders the Court of Justice to bear one quarter of its own costs and one quarter of the costs incurred by Z.

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(1)  OJ C 233, 10.8.2013.

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