Judgment — ECLI:EU:T:2017:138
Date: 2017-03-02
Language of the case: English
Court formation: Appeals Chamber
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Procedure: Appeal - unfounded;Staff cases;Appeal - successful
Origin: Romania

summary of the pleas in law on which the application is based — Pleas in law not set out in the application — Reference to elements in an annex — Inadmissibility (Statute of the Court of Justice, Arts 21, first para., and 53, first para.; Rules of Procedure of the General Court, Art. 76(d)) (see para. 77) 4. Actions brought by officials — Prior administrative complaint — Correspondence between the complaint and the application — Same subject-matter and legal basis — Broad interpretation of the concepts of subject-matter and legal basis — Change in the legal basis of a claim — Not sufficient to characterise it as having a new cause of action (Staff Regulations, Arts 90 and 91) (see paras 85-87) 5. Actions brought by officials — Prior administrative complaint — Correspondence between the complaint and the application — Same subject-matter and legal basis — Pleas and arguments not appearing in the complaint, but seeking to challenge the validity of the reasoning set out in the response to the complaint — Admissibility (Staff Regulations, Arts 90 and 91) (see para. 88) Re: APPEAL against the order of the European Union Civil Service Tribunal (Second Chamber) of 15 October 2015, DI v EASO (F‑113/13, EU:F:2015:120), seeking to have that order set aside. Operative part The Court: 1. Sets aside the order of the Civil Service Tribunal of the European Union (Second Chamber) of 15 October 2015, DI v EASO (F‑113/13); 2. Refers the case to a chamber of the General Court other than that which ruled on the present appeal; 3. Reserves the costs.