Information;Judgment — ECLI:EU:C:2019:1044
Date: 2019-12-04
Language of the case: English
Court formation: Fifth Chamber
Subject matter: External relations;Common foreign and security policy
Procedure: Action for annulment;Appeal - unfounded;Appeal - successful
Origin: Italy

Judgment of the Court (Fifth Chamber) of 4 December 2019 — H v Council (Case C‑413/18 P)(1) (Appeal — Common Foreign and Security Policy (CFSP) — Composition of the Chamber of the General Court of the European Union — Regularity — Decision 2009/906/CFSP — European Union Police Mission in Bosnia and Herzegovina (EUPM) — National staff member on secondment — Redeployment to a regional office of that mission — Powers of the Head of Mission — Misuse of powers — Claim for damages — Principle of audi alteram partem) 1. Judicial proceedings — Introduction of new pleas during the proceedings — Amplification of a plea made earlier — Admissibility (Rules of Procedure of the Court of Justice, Arts 127(1) and 175) (see paras 27, 28, 35) 2. EU law — Principles — Fundamental rights — Compliance ensured by the EU judicature — Right of all persons to a fair hearing — Guaranteed by the Charter of Fundamental Rights of the European Union — Taking into consideration the European Convention on Human Rights — Requirement of impartiality — Same judge sitting in two chambers that had to hear the same case successively — No infringement (Art. 6(3) TEU; Charter of Fundamental Rights of the European Union, Art. 47, first and second paras; Rules of Procedure of the General Court, Arts 26(2), 27(1) and 216(1)) (see paras 45-47, 50, 51, 54, 55, 57-60) 3. EU law — Principles — Rights of defence — Principle of audi alteram partem — Compliance in the context of judicial proceedings — Scope — Decision based on answers and documents that were provided by a party after the hearing and were not the subject of an exchange of arguments with the other party — Infringement (Charter of Fundamental Rights of the European Union, Art. 47) (see points 102-104, 114-116) Operative part The Court: 1. Sets aside the judgment of the General Court of the European Union of 11 April 2018, H v Council (T‑271/10 RENV, EU:T:2018:180); 2. Refers the case back to the General Court of the European Union for a ruling on the third, fourth and fifth pleas of the action for annulment and on the claim for compensation; 3. Orders that the costs be reserved. 1 OJ C 341, 24.9.2018.