Joined Cases T-543/16 and T-544/16: Judgment of the General Court of 13 December 2018 — Carpenito and Others v Council (Civil service — Remuneration — Annual adjustment of the remuneration and pensions of officials and other EU staff — Regulations (EU) No 422/2014 and No 423/2014 — Adjustments of salaries and pensions for the years 2011 and 2012 — Duty to state reasons — Proportionality — Legitimate expectations — Rules on social dialogue)
Date: 2018-12-13
Institutions: General Court
Subjects: EU law, European official, indemnification, pension scheme, principle of proportionality, remuneration of work, servant (EU), social dialogue (EU), staff regulations (EU)








C_2019082EN.01004401.xml










4.3.2019   


EN


Official Journal of the European Union


C 82/44






Judgment of the General Court of 13 December 2018 — Carpenito and Others v Council
(Joined Cases T-543/16 and T-544/16) (1)

((Civil service - Remuneration - Annual adjustment of the remuneration and pensions of officials and other EU staff - Regulations (EU) No 422/2014 and No 423/2014 - Adjustments of salaries and pensions for the years 2011 and 2012 - Duty to state reasons - Proportionality - Legitimate expectations - Rules on social dialogue))
(2019/C 82/50)
Language of the case: French

Parties


Applicant in Case T-543/16: Renzo Carpenito (Overijse, Belgium) (represented by: M. Velardo, lawyer)

Applicants in Case T-544/16: Maria Kannellopoulou (Cranves-Sales, France), José Carlos Lechado García (Brussels, Belgium), Bernd Loescher (Rhode-Saint-Genèse, Belgium), Evelina Milenova (Brussels) (represented by: M. Velardo, lawyer)

Defendant: Council of the European Union (represented initially by M. Bauer and M. Veiga and subsequently by M. Bauer and R. Meyer, acting as Agents)

Intervener in support of the defendant: European Parliament (represented by: M. Ecker and E. Taneva, acting as Agents)

Re:

Action under Article 270 TFEU seeking, first, annulment of the Council decisions to apply to the applicants’ salaries or pensions the 0 % adjustment for the year 2011 provided for in Regulation (EU) No 422/2014 of the European Parliament and of the Council of 16 April 2014, adjusting with effect from 1 July 2011 the remuneration and pensions of officials and other servants of the European Union and the correction coefficients applied thereto (OJ 2014 L 129, p. 5), and the 0,8 % adjustment for the year 2012, provided for in Regulation (EU) No 423/2014 of the European Parliament and of the Council of 16 April 2014 adjusting with effect from 1 July 2012 the remuneration and pensions of officials and other servants of the European Union and the correction coefficients applied thereto (OJ 2014 L 129, p. 12), and, secondly, compensation for the damage allegedly suffered by the applicants as a result of those decisions.

Operative part of the judgment

The Court:






1.


Dismisses the actions;










2.


Orders the applicants to bear their own costs and to pay the costs incurred by the Council of the European Union;










3.


Orders the European Parliament to pay its own costs.






(1)  OJ C 146, 4.5.2015 (case initially registered before the European Union Civil Service Tribunal under Case No F-31/15 and transferred to the General Court of the European Union on 1.9.2016).