Judgment of the General Court (Eighth Chamber) of 12 December 2019 –

OS v Commission

(Case T‑528/16)

(Civil Service — Reform of the Staff Regulations and of the CEOS that entered into force on 1 January 2014 — Regulation (EU, Euratom) No 1023/2013 — Solidarity levy applicable from 1 January 2014 — Suspension of application of the method for updating remuneration for 2013 and 2014)

1. Actions brought by officials — Act adversely affecting an official — Concept — Salary statement — Inclusion normally allowed for the purpose of exercising rights of action (Staff Regulations of Officials, Arts 90 and 91(1)) (see paras 36-39)

2. Actions brought by officials — Prior administrative complaint — Time limits — Point from which time starts to run — Actions against changes to pecuniary entitlements made on a monthly basis and reflected in all salary statements — Period running from receipt of the first salary statement giving material form to the implementation of those changes (Staff Regulations of Officials, Arts 90 and 91) (see paras 40, 41)

3. Actions brought by officials — Plea of illegality — Measures the illegality of which may be pleaded — General measure providing the basis of the contested decision — Admissibility — Conditions (Arts 263, second para., 270 and 277 TFEU) (see paras 52-56)

4. European Union — Institutional balance — Implications — Observance of the separation of powers — Powers of the European Council and the legislative power given to the European Parliament and the Council (Arts 13(2), 14(1), 15(1) and 16(1) TEU; Arts 296, third para., and 336 TFEU) (see paras 64-73)

5. Plea of illegality — Scope — Measures the illegality of which may be pleaded — General measure providing the basis of the contested decision — Need for a legal connection between the contested measure and the contested general measure (Arts 263, second para., 270 and 277 TFEU) (see paras 75, 76)

6. Acts of the institutions — Statement of reasons — Obligation — Scope (Art. 296 TFEU) (see paras 80, 81)

7. Officials — Principles — Protection of legitimate expectations — Conditions (see paras 97, 125, 149, 150)

8. Officials — Remuneration — Solidarity levy — Introduction of that levy during a period of suspension of the application of the method for adjusting remuneration — Discretion of the legislature — Judicial review — Limits (Staff Regulations of Officials, Arts 65(4) and 66a; European Parliament and Council Regulation No 1023/2013) (see paras 101, 102, 108, 115, 149)

9. Officials — Staff Regulations — Regulation amending the Staff Regulations — Introduction of a solidarity levy through the insertion of a new provision — Breach of a principle laid down by the Staff Regulations — None (Staff Regulations of Officials, Art. 66a; European Parliament and Council Regulation No 1023/2013) (see para. 116)

10. Officials — Remuneration — Solidarity levy — Introduction of that levy during a period of suspension of the application of the method for adjusting remuneration — Discretion of the legislature — Judicial review of whether the principle of proportionality has been observed — Limits — Infringement of that principle — None (Staff Regulations of Officials, Arts 65(4) and 66a; European Parliament and Council Regulation No 1023/2013) (see paras 137-140)

Re:

Application under Article 270 TFEU seeking annulment of the decision fixing the applicant’s remuneration for January 2014, as given specific expression in the salary statement for that month sent to him on 13 January 2014, which is the first salary statement to apply, with regard to the applicant, Article 65(4) and Article 66a of the Staff Regulations stemming from Article 1(44) and (46) of Regulation (EU, Euratom) No 1023/2013 of the European Parliament and of the Council of 22 October 2013 (OJ 2013 L 287, p. 15) providing, respectively, for the suspension of the application of the method for updating remuneration for 2013 and 2014 and the introduction of a solidarity levy from 1 January 2014.

Operative part

The Court:

1. Dismisses the action;

2. Orders OS to pay the costs;