Case C-66/12: Judgment of the Court (Grand Chamber) of 19 November 2013 — Council of the European Union v European Commission (Annual adjustment of the remuneration and pensions of officials and other servants of the European Union — Staff Regulations — Action for annulment — Communication COM(2011) 829 final — Proposal COM(2011) 820 final — Action for failure to act — Submission of proposals on the basis of Article 10 of Annex XI to the Staff Regulations — Failure of the Commission — Application devoid of purpose — No need to adjudicate)
Date: 2013-11-19
Institutions: Court of Justice
Subjects: European civil service, equal treatment, infringement of EU law, remuneration of work








C_2014039EN.01000401.xml










8.2.2014   


EN


Official Journal of the European Union


C 39/4





Judgment of the Court (Grand Chamber) of 19 November 2013 — Council of the European Union v European Commission
(Case C-66/12) (1)

(Annual adjustment of the remuneration and pensions of officials and other servants of the European Union - Staff Regulations - Action for annulment - Communication COM(2011) 829 final - Proposal COM(2011) 820 final - Action for failure to act - Submission of proposals on the basis of Article 10 of Annex XI to the Staff Regulations - Failure of the Commission - Application devoid of purpose - No need to adjudicate)
2014/C 39/06
Language of the case: French

Parties


Applicant: Council of the European Union (represented by: M. Bauer and J. Herrmann, acting as Agents)

Interveners in support of the applicant: Czech Republic (represented by: M. Smolek, D. Hadroušek and J. Vláčil, acting as Agents), Kingdom of Denmark (represented by: V. Pasternak Jørgensen and C. Thorning, acting as Agents), Federal Republic of Germany (represented by: T. Henze and N. Graf Vitzthum, acting as Agents), Ireland (represented by: E. Creedon, acting as Agent, and by C. Toland BL and A. Joyce, Solicitor), Kingdom of Spain (represented by: N. Díaz Abad and S. Centeno Huerta, acting as Agents), French Republic (represented by: G. de Bergues, D. Colas and J. S. Pilczer, acting as Agents), Republic of Latvia (represented by: I. Kalniņš and A. Nikolajeva, acting as Agents), Kingdom of the Netherlands (represented by: C. Wissels and M. Bulterman, acting as Agents), United Kingdom of Great Britain and Northern Ireland (represented by: E. Jenkinson and J. Beeko, acting as Agents, and R. Palmer, Barrister)

Defendant: European Commission (represented by: J. Currall, D. Martin and J.P. Keppenne, acting as Agents)

Intervener in support of the defendant: European Parliament (represented by: A. Neergaard and S. Seyr, acting as Agents)

Re:

Action for annulment — Communication from the Commission (COM(2011) 829 final of 24 November 2011 on the refusal to submit proposals on the basis of the ‘exception clause’ contained in Article 10 to Annex XI of the Staff Regulations — Commission proposal for a Council Regulation adjusting, as from 1st July 2011, the remuneration and pensions of officials and other servants of the European Union and the correction coefficients applying thereto — Action for failure to act — Unlawful failure by the Commission to submit proposals on the basis of Article 10 to Annex XI of the Staff Regulations.

Operative part of the judgment

The Court:






1.


Declares that there is no need to adjudicate on the action;










2.


Orders the Czech Republic, the Kingdom of Denmark, the Federal Republic of Germany, Ireland, the Kingdom of Spain, the French Republic, the Republic of Latvia, the Kingdom of the Netherlands and the United Kingdom of Great Britain and Northern Ireland, the European Parliament, the Council of the European Union and the European Commission to bear their own costs.






(1)  OJ C 118, 21.4.2012.