Order — ECLI:EU:F:2009:149
Date: 2009-11-10
Language of the case: Greek
Court formation: First Chamber
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC;Procedural provisions
Concepts: Costs
Procedure: Staff cases;Application as to costs

Summary 1. Procedure – Costs – Discontinuance justified by the conduct of the other party (Rules of Procedure of the Civil Service Tribunal, Art. 89(5)) 2. Officials – Actions – Act adversely affecting an official – Definition – Decision that the official is fit for work and ordering him to return to work – Admissibility (Staff Regulations, Arts 59(4), 90 and 91) 1. As provided for in Article 89(5) of the Rules of Procedure of the Civil Service Tribunal, a party who discontinues or withdraws from proceedings is to be ordered to pay the costs if they have been applied for in the observations of the other party on the discontinuance. However, upon application by the party who discontinues or withdraws from proceedings, the costs are to be borne by the other party if this appears justified by the conduct of that party. In an action brought by an official against a decision refusing to recognise his invalidity, where the institution failed to reply to a prior complaint within the four-month period for reaching an implied rejection decision and adopted an ambiguous attitude regarding the official’s position after he brought the action, it must be regarded as having contributed, through its conduct, to legal proceedings being brought, and may be ordered to pay part of the applicant official’s costs. (see paras 6-10) 2. Where a decision of the appointing authority resulting from an opinion of the Invalidity Committee contains, in addition to a view on an official’s fitness for work which does not, in itself, alter that person’s previous legal position, an instruction for him to return to work, that decision constitutes an act adversely affecting the official which he is entitled to challenge. (see paras 14, 17, 19)