do-me/EUR-LEX huggingface dataset:
Case T-506/16: Judgment of the General Court of 6 July 2017 — Bodson and Others v EIB (Civil service — EIB staff — Contractual nature of the employment relationship — Remuneration — Reform of the system of remuneration and salary progression — Legitimate expectations — Legal certainty — Manifest error of assessment — Proportionality — Duty to have regard for the welfare of staff — Article 11(3) of the Rules of Procedure of the EIB)
Date: 2017-07-06
Institutions: General Court
Subjects: European civil service, indemnification, monthly pay, pay scale, principle of legal certainty, principle of proportionality, remuneration of work, staff regulations (EU)








C_2017277EN.01004402.xml










21.8.2017   


EN


Official Journal of the European Union


C 277/44





Judgment of the General Court of 6 July 2017 — Bodson and Others v EIB
(Case T-506/16) (1)

((Civil service - EIB staff - Contractual nature of the employment relationship - Remuneration - Reform of the system of remuneration and salary progression - Legitimate expectations - Legal certainty - Manifest error of assessment - Proportionality - Duty to have regard for the welfare of staff - Article 11(3) of the Rules of Procedure of the EIB))
(2017/C 277/66)
Language of the case: French

Parties


Applicants: Jean-Pierre Bodson (Luxembourg, Luxembourg) and the 483 other applicants whose names are listed in the annex to the judgment (represented by: L. Levi, lawyer)

Defendant: European Investment Bank (EIB) (represented by: initially, C. Gómez de la Cruz, G. Nuvoli and T. Gilliams, and, subsequently, T. Gilliams and G. Faedo, acting as Agents, assisted by P.-E. Partsch, lawyer)

Re:

Action under Article 270 TFEU seeking, first, annulment of the decisions, contained in the salary slips from April 2013 onwards, applying to the applicants the decision of the EIB Board of Directors of 18 December 2012, the decision of the EIB Management Committee of 29 January 2013, and the article published online on 5 February 2013 informing staff of the adoption of those two decisions; and, secondly, an order that the EIB pay to the applicants a sum corresponding to the difference between the amount of remuneration paid in application of the abovementioned decisions and the amount of remuneration due under the previous system, together with compensation for the damage which the applicants claim to have suffered as a result of their loss of purchasing power.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Mr Jean-Pierre Bodson and the other members of staff of the European Investment Bank (EIB) whose names are listed in the annex to pay the costs.






(1)  OJ C 207, 20.7.2013 (case initially registered before the Civil Service Tribunal of the European Union under number F-45/13 and transferred to the General Court of the European Union on 1 September 2016).
Case C-254/16: Judgment of the Court (Seventh Chamber) of 6 July 2017 (request for a preliminary ruling from the Fővárosi Közigazgatási és Munkaügyi Bíróság — Hungary) — Glencore Agriculture Hungary Kft., formerly Glencore Grain Hungary Kft. v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatóság (Reference for a preliminary ruling — Common system of value added tax (VAT) — Directive 2006/112/EC — Article 183 — Principle of fiscal neutrality — Deduction of input tax — Refund of overpaid VAT — Investigation procedure — Fine imposed on the taxable person in the course of such a procedure — Extension of the period within which the refund must be made — Exclusion of payment of default interest)
Date: 2017-07-06
Institutions: Court of Justice
Subjects: VAT, fine, interest, tax inspection, tax rebate, tax relief, taxpayer








C_2017283EN.01000801.xml










28.8.2017   


EN


Official Journal of the European Union


C 283/8





Judgment of the Court (Seventh Chamber) of 6 July 2017 (request for a preliminary ruling from the Fővárosi Közigazgatási és Munkaügyi Bíróság — Hungary) — Glencore Agriculture Hungary Kft., formerly Glencore Grain Hungary Kft. v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatóság
(Case C-254/16) (1)

((Reference for a preliminary ruling - Common system of value added tax (VAT) - Directive 2006/112/EC - Article 183 - Principle of fiscal neutrality - Deduction of input tax - Refund of overpaid VAT - Investigation procedure - Fine imposed on the taxable person in the course of such a procedure - Extension of the period within which the refund must be made - Exclusion of payment of default interest))
(2017/C 283/11)
Language of the case: Hungarian

Referring court

Fővárosi Közigazgatási és Munkaügyi Bíróság

Parties to the main proceedings


Applicant: Glencore Agriculture Hungary Kft., formerly Glencore Grain Hungary Kft.

Defendant: Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatóság

Operative part of the judgment

EU law must be interpreted as precluding national legislation, such as that at issue in the main proceedings, under which, where a tax investigation procedure is initiated by a tax authority and where a taxable person is fined for failure to cooperate, the date of the refund of overpaid value added tax may be delayed until the formal report on that investigation is delivered to the taxable person and the payment of default interest may be refused, even where the duration of the tax investigation procedure is excessive and cannot be attributed entirely to the conduct of the taxable person.


(1)  OJ C 296, 16.8.2016.