# C_2019255EN.01003402.xml

| 29.7.2019 | EN | Official Journal of the European Union | C 255/34 |
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29.7.2019

EN

Official Journal of the European Union

C 255/34

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Judgment of the General Court of 5 June 2019 — Siragusa v Council

(Case T-616/17 RENV) (1)

(Civil service - Officials - Leaving the service - Request to retire - Amendment of the Staff Regulations after that request had been made - Withdrawal of an earlier decision - Liability)

(2019/C 255/44)

Language of the case: French

Parties

Applicant: Sergio Siragusa (Brussels, Belgium) (represented by: T. Bontinck and A. Guillerme, lawyers)

Defendant: Council of the European Union (represented by: initially, M. Bauer and M. Veiga, then M. Bauer and R. Meyer, Agents)

Intervener in support of the defendant: European Parliament (represented by: initially, M. Rantala and Í. Ní Riagáin Düro, then I. Lázaro Bentacor and C. González Argüelles, Agents)

Re:

Application on the basis of Article 270 TFEU and seeking, first, the annulment of the Council’s decision of 12 November 2014 withdrawing the Council’s earlier decision approving the applicant’s request of 11 July 2013 for early retirement and, secondly, compensation in respect of the material and non-material harm allegedly suffered by the applicant as a result of that decision.

Operative part of the judgment

The Court:

| 1. | Annuls the decision of the Council of the European Union of 12 November 2014 withdrawing the Council’s earlier decision approving Mr Sergio Siragusa’s request of 11 July 2013 for early retirement; |
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1.

Annuls the decision of the Council of the European Union of 12 November 2014 withdrawing the Council’s earlier decision approving Mr Sergio Siragusa’s request of 11 July 2013 for early retirement;

| 2. | Orders the Council to pay Mr Siragusa the sum of EUR 5 000, together with default interest, to be calculated as from the date of delivery of the present judgment is delivered and until full payment, at the rate fixed by the European Central Bank (ECB) for its main refinancing operations, increased by two percentage points; |
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2.

Orders the Council to pay Mr Siragusa the sum of EUR 5 000, together with default interest, to be calculated as from the date of delivery of the present judgment is delivered and until full payment, at the rate fixed by the European Central Bank (ECB) for its main refinancing operations, increased by two percentage points;

| 3. | Dismisses the claim for damages as to the remainder |
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3.

Dismisses the claim for damages as to the remainder

| 4. | Declares that the Council is to bear its own costs and orders it to pay those incurred by Mr Siragusa, including those relating to Case F-124/15 and Case T-678/16 P; |
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4.

Declares that the Council is to bear its own costs and orders it to pay those incurred by Mr Siragusa, including those relating to Case F-124/15 and Case T-678/16 P;

| 5. | Declares that the European Parliament is to bear its own costs, including those relating to Case F-124/15 and Case T-678/16 P. |
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5.

Declares that the European Parliament is to bear its own costs, including those relating to Case F-124/15 and Case T-678/16 P.

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(1)  OJ C 414, 14.12.2015 (Case initially registered before the European Union Civil Service Tribunal under number F-124/15 and transferred to the General Court of the European Union on 1.9.2016).

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