Judgment — ECLI:EU:T:2018:759
Date: 2018-11-08
Language of the case: French
Court formation: Appeals Chamber
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Procedure: Appeal - unfounded;Action for damages - unfounded;Staff cases;Appeal - successful

Judgment of the General Court (Appeal Chamber) of 8 November 2018 – Cocchi and Falcione v Commission (Case T‑724/16 P) (Appeal — Civil service — Transfer of national pension rights — Article 24 of the Staff Regulations — Duty of the European Union to provide assistance — Loss of interest of the applicants in bringing proceedings during the course of the proceedings — No need to adjudicate at first instance — Causation) 1. Actions brought by officials — Interest in bringing proceedings — Assessment at the time when the action was lodged — Subsequent disappearance of the interest in bringing proceedings — No need to adjudicate (Staff Regulations of Officials, Arts 90 and 91) (see para. 50) 2. Actions brought by officials — Action for damages directly linked to an action for annulment — Assessment of the legality of the conduct of an institution according to the pleas and arguments set out in the application for annulment — Loss of the applicant’s interest in bringing proceedings during the proceedings — Irrelevant (Staff Regulations of Officials, Arts 90 and 91) (see paras 80-82, 84, 86) 3. Officials — Non-contractual liability of the institutions — Conditions — Unlawfulness — Injury — Causal link — Meaning — Burden of proof (Art. 340 TFEU) (see paras 94-96, 104) Re: Appeal against the order of the European Union Civil Service Tribunal (First Chamber) of 2 August 2016, Cocchi and Falcione v Commission (F‑134/11, EU:F:2016:194), seeking to have that order set aside. Operative part The Court: 1. Sets aside the order of the European Union Civil Service Tribunal (First Chamber) of 2 August 2016, Cocchi and Falcione v Commission (F‑134/11) inasmuch as the European Union Civil Service Tribunal held that there was no longer any need to adjudicate on the claims for damages submitted by Mr Giorgio Cocchi and Ms Nicola Falcione at first instance; 2. Dismisses the appeal as to the remainder; 3. Dismisses the claims for damages submitted by Mr Cocchi and Ms Falcione in their actions at first instance under case number F‑134/11; 4. Orders each party to bear its own costs relating to the appeal proceedings and the proceedings at first instance so far as the claims for damages are concerned.