Judgment — ECLI:EU:F:2016:168
Date: 2016-07-21
Language of the case: French
Court formation: First Chamber
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Procedure: Staff cases - successful

Summary 1. Officials — Disciplinary measures — Penalty — Imposition on an official in active service of a disciplinary penalty laid down for officials in receipt of a retirement pension or invalidity allowance only — Unlawfulness (Staff Regulations, Annex IX, Art. 9(1) and (2)) 2. Officials — Staff Regulations — Extension by analogy of the benefit of a provision of the Staff Regulations — Precluded 1. Article 9(1) of Annex IX of the Staff Regulations, relating to disciplinary measures, applies to all officials, whether they are in service or not, whereas Article 9(2) relates only to officials in receipt of a retirement pension or an invalidity allowance. Accordingly, an institution infringes Article 9(2) of Annex IX of the Staff Regulations where it imposes a penalty on a serving official which is laid down only for officials in receipt of a retirement pension or an invalidity allowance. (see paras 23, 24) 2. The provisions of the Staff Regulations, the sole purpose of which is to regulate legal relations between the institutions and officials by establishing reciprocal rights and obligations, employ precise wording and there is no reason to extend their scope by analogy to situations to which they do not refer. (see para. 28) See: Judgments of 30 June 2005 in Olesen v Commission, T‑190/03, EU:T:2005:264, para. 39; 25 October 2005 in Salvador García v Commission, T‑205/02, EU:T:2005:368, para. 43, and 22 February 2006 in Adam v Commission, T‑342/04, EU:T:2006:61, para. 34