Judgment of the General Court of 13 December 2018 — CX v Commission
(Case T-743/16 RENV) 1
(Civil service — Officials — Disciplinary measure — Removal from post — Rights of the defence — Duty to have regard for the welfare of officials — Article 22(1) of Annex IX to the Staff Regulations — Articles 41 and 52 of the Charter of Fundamental Rights — Liability — Actual damage — Causal link)
Language of the case: French
Parties
Applicant: CX (represented by É. Boigelot, lawyer.)
Defendant: European Commission (represented by F. Simonetti and C. Ehrbar, acting as Agents)
Re:
Action pursuant to Article 270 TFUE seeking, first, annulment of the Decision of 16 October 2013 in which the Commission found that the applicant was guilty of two instances of serious misconduct and, consequently, removed him from his post without reduction pro tempore to his entitlement to a retirement pension and, second, compensation for the harm allegedly suffered by the applicant on account of that decision.
Operative part of the judgment
The Court:
Annuls the decision of 16 October 2013 by which the Commission removed CX from his post without reduction pro tempore to his entitlement to a retirement pension;
Dismisses the action as to the remainder.
Orders each party to bear its own costs.
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1     OJ C 85, 22.3.2014 (case initially registered before the European Union Civil Service Tribunal under Case No F-5/14 and transferred to the General Court of the European Union on 1.9.2016).