# C_2016441EN.01002801.xml

| 28.11.2016 | EN | Official Journal of the European Union | C 441/28 |
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28.11.2016

EN

Official Journal of the European Union

C 441/28

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Appeal brought on 29 September 2016 by the European Commission against the judgment of the Civil Service Tribunal of 20 July 2016 in Case F-104/15,  U (*1) v Commission

(Case T-695/16 P)

(2016/C 441/33)

Language of the case: French

Parties

Appellant: European Commission (represented by: A.-C. Simon, F. Simonetti and G. Gattinara, acting as Agents)

Other parties to the proceedings:  U (*1) and European Parliament

Form of order sought by the appellant

The appellant claims that the Court should:

| — | set aside the judgment of the Civil Service Tribunal of 20 July 2016 in Case F-104/15,  U (*1)
  v Commission; |
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set aside the judgment of the Civil Service Tribunal of 20 July 2016 in Case F-104/15,  U (*1)
  v Commission;

| — | as regards the proceedings at first instance, in so far as the Civil Service Tribunal took the view that the state of proceedings permitted it to give final judgment, dismiss the action as unfounded and order the applicant at first instance to pay the costs; |
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as regards the proceedings at first instance, in so far as the Civil Service Tribunal took the view that the state of proceedings permitted it to give final judgment, dismiss the action as unfounded and order the applicant at first instance to pay the costs;

| — | as regards the appeal proceedings, order the parties to bear their own costs relating to those proceedings. |
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as regards the appeal proceedings, order the parties to bear their own costs relating to those proceedings.

Grounds of appeal and main arguments

In support of the appeal, the appellant relies on three grounds.

| 1. | First ground of appeal, alleging an error of law, infringement of the obligation to state reasons, and infringement of the prohibition on ruling ultra petita, in relation to paragraphs 53 to 56, 60 and 75 to 78 of the judgment under appeal. |
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1.

First ground of appeal, alleging an error of law, infringement of the obligation to state reasons, and infringement of the prohibition on ruling ultra petita, in relation to paragraphs 53 to 56, 60 and 75 to 78 of the judgment under appeal.

| 2. | Second ground of appeal, alleging several errors of law in the interpretation of Article 20 of Annex VIII to the Staff Regulations, in relation to paragraphs 31, 57 to 60, and 61 to the first sentence of paragraph 65 of the judgment under appeal. |
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2.

Second ground of appeal, alleging several errors of law in the interpretation of Article 20 of Annex VIII to the Staff Regulations, in relation to paragraphs 31, 57 to 60, and 61 to the first sentence of paragraph 65 of the judgment under appeal.

| 3. | Third ground of appeal, alleging several errors of law and infringement of the obligation to state reasons, in relation to paragraphs 65 and 67 to 79 of the judgment under appeal. |
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3.

Third ground of appeal, alleging several errors of law and infringement of the obligation to state reasons, in relation to paragraphs 65 and 67 to 79 of the judgment under appeal.

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(*1)  Information erased within the framework of the protection of individuals with regard to the processing of personal data.

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