Order;Information — ECLI:EU:T:2024:1
Date: 2024-01-05
Language of the case: French
Court formation: President of the Chamber
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Procedure: Staff cases;Application for interim measures - unfounded;Application for interim measures - decision unnecessary

Judgment of the General Court (Fifth Chamber) of 29 January 2025 – Meucci v Parliament and EEAS (Case T‑1123/23) ( Civil service – Officials – Leaving the service – Automatic retirement – Request for maintenance in service beyond the retirement age – Limitation of the duration of maintenance in service beyond the retirement age – Obligation to state reasons – Manifest error of assessment – Interest of the service – Legal certainty – Legitimate expectations – Duty to have regard for the welfare of officials ) 1. Officials – Automatic retirement – Examination of a request to remain in service – Request made by an official having already reached retirement age – Belated application – Impossibility for the appointing authority to authorise his or her maintenance in service – Interest of the service in maintaining him or her in service – Irrelevant (Staff Regulations of Officials, Art. 52, first para., point (a), and second para.) (see paragraphs 36-42) 2. Officials – Secondment in the interest of the service – Official having reached the automatic retirement age – Obligation for the appointing authority to terminate the secondment – Interest of the service in maintaining that secondment – Irrelevant (Staff Regulations of Officials, Art. 37, first para., point (a)) (see paragraph 43) 3. Officials – Principles – Legal certainty – Acts of the administration – Requirements of clarity and foreseeability (see paragraph 48) 4. Officials – Automatic retirement – Renewal of the authorisation to remain in service beyond retirement age – Promises – Disregard of provisions of the Staff Regulations – Legitimate expectations – No such expectations (Staff Regulations of Officials, Art. 52, third para.) (see paragraphs 50, 61) 5. Officials – Duty of the administration to have regard for the welfare of officials – Scope – Request to remain in service beyond retirement age –Taking into consideration of official’s interests – Limits (Staff Regulations of Officials, Art. 52, second para.) (see paragraphs 67-69, 72) Operative part The Court: 1. Dismisses the action; 2. Orders Mr Paolo Meucci to pay the costs, including those relating to the interim proceedings.