Order — ECLI:EU:F:2014:219
Date: 2014-09-18
Language of the case: Italian
Court formation: Third Chamber
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Procedure: Staff cases - unfounded;Staff cases - inadmissible

Summary Actions brought by officials — Judgment annulling a measure — Effects — Setting aside of a judgment of the Civil Service Tribunal annulling the decision to retire an official and ordering the institution to compensate for the harm suffered — Reimbursement of amount wrongly paid The setting aside, albeit in part, by the General Court of the European Union of a judgment or order of the Civil Service Tribunal has the effect of annulling the provisions by which the Tribunal adjudicated in that judgment or order. Consequently, a judgment of the General Court setting aside a judgment by which the Civil Service Tribunal annulled the decision to retire an official and ordered the institution concerned to pay him a certain sum in compensation for the harm suffered as a result of that decision eliminated the legal basis for the sum owed by the institution to the official. That being so, it is for the official to agree to the institution’s request for reimbursement of the sum wrongly paid. (see paras 27-30) See: judgment in Commission v Marcuccio, T‑20/09 P, EU:T:2011:257, para. 2 judgment in De Nicola v EIB, F‑63/12, EU:F:2013:169, para. 24