Case C-63/12: Judgment of the Court (Grand Chamber) of 19 November 2013 — European Commission v Council of the European Union (Action for annulment — Decision 2011/866/EU — Annual adjustment of the remuneration and pensions of officials and other servants of the European Union — Staff Regulations — Article 65 of the Staff Regulations — Method of adjustment — Article 3 of Annex XI to the Staff Regulations — Exception clause — Article 10 of Annex XI to the Staff Regulations — Serious and sudden deterioration in the economic and social situation — Adjustment of correction coefficients — Article 64 of the Staff Regulations — Council decision — Refusal to adopt the Commission’s proposal)
Date: 2013-11-19
Institutions: Court of Justice
Subjects: European civil service, equal treatment, infringement of EU law, remuneration of work








C_2014039EN.01000302.xml










8.2.2014   


EN


Official Journal of the European Union


C 39/3





Judgment of the Court (Grand Chamber) of 19 November 2013 — European Commission v Council of the European Union
(Case C-63/12) (1)

(Action for annulment - Decision 2011/866/EU - Annual adjustment of the remuneration and pensions of officials and other servants of the European Union - Staff Regulations - Article 65 of the Staff Regulations - Method of adjustment - Article 3 of Annex XI to the Staff Regulations - Exception clause - Article 10 of Annex XI to the Staff Regulations - Serious and sudden deterioration in the economic and social situation - Adjustment of correction coefficients - Article 64 of the Staff Regulations - Council decision - Refusal to adopt the Commission’s proposal)
2014/C 39/05
Language of the case: French

Parties


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

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

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

Interveners in support of the defendant: 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 J. Möller, acting as Agents), Kingdom of Spain (represented by: N. Díaz Abad and S. Centeno Huerta, 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)

Re:

Action for annulment — Council Decision 2011/866/EU of 19 December 2011 concerning the Commission’s proposal for a Council Regulation adjusting with effect from 1 July 2011 the remuneration and pension of the officials and other servants of the European Union and the correction coefficients applied thereto OJ 2011 L 341, p. 54) — Non-compliance with method for annual adjustment of the remuneration and pensions of officials and other servants of the European Union — Refusal to adjust correction coefficients relating to places of employment — Misuse of power — Infringement of Articles 64 and 65 of the Staff Regulations and Articles 1, 3 and 10 of Annex XI to the Staff Regulations — Infringement of the principle ‘patere legem quam ipse fecisti’ — Infringement of the principle of equal treatment — Insufficient statement of reasons

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders the European Commission to pay the costs;










3.


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






(1)  OJ C 118, 21.4.2012.