Order — ECLI:EU:F:2015:134
Date: 2015-11-11
Language of the case: French
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Procedure: Action for damages - amicable settlement made between the parties

Summary Judicial proceedings — Costs — Action brought by an official as a precautionary measure due to uncertainty concerning the identification of the challengeable act — Failure of the defendant institution as regards communication of the act adversely affecting an official — Withdrawal by the applicant following decisions of the Civil Service Tribunal on the matter adopted in the course of the proceedings — Costs awarded against the defendant (Charter of Fundamental Rights of the European Union, Art. 41; Staff Regulations, Art. 25(2); Rules of Procedure of the Civil Service Tribunal, Art. 103(5)) Under Article 103(5) of the Rules of Procedure of the Civil Service Tribunal, a party who discontinues or withdraws from proceedings is to be ordered to pay the costs, if they have been applied for in the observations of the other party on the discontinuance. However, upon application by the party who discontinues or withdraws from proceedings, those costs shall be borne by the other party if this appears justified by the conduct of that party. That provision is to be applied inter alia in the case of actions which are brought as a precautionary measure to protect against a plea of inadmissibility relied on by the appointing authority. The Civil Service Tribunal takes the view that the appointing authority could have done more, with regard to the right to good administration provided for in Article 41 of the Charter of Fundamental Rights of the European Union and under Article 25(2) of the Staff Regulations, to fulfil its obligation to communicate in writing a decision such as the decision to amend in SysPer 2 the title of the type of post occupied by the applicants, the consequence of which was, with effect from 1 January 2014, to exclude them from the promotion procedure under the new Staff Regulations. Accordingly, the conduct of the appointing authority justifies each party bearing its own costs. (see paras 12-16) See: Order of 16 July 2015 in FG v Commission, F‑20/15, EU:F:2015:93, para. 70