Case T-530/16: Judgment of the General Court of 13 December 2018 — Schubert and Others v Commission (Civil service — Remuneration — Annual adjustment of the remuneration and pensions of officials and other members of staff — Regulations (EU) No 422/2014 and No 423/2014 — Adjustments of remuneration and pensions for 2011 and 2012 — Duty to state reasons — Proportionality — Legitimate expectations — Rules on dialogue between management and workers)
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.01004301.xml










4.3.2019   


EN


Official Journal of the European Union


C 82/43






Judgment of the General Court of 13 December 2018 — Schubert and Others v Commission
(Case T-530/16) (1)

((Civil service - Remuneration - Annual adjustment of the remuneration and pensions of officials and other members of staff - Regulations (EU) No 422/2014 and No 423/2014 - Adjustments of remuneration and pensions for 2011 and 2012 - Duty to state reasons - Proportionality - Legitimate expectations - Rules on dialogue between management and workers))
(2019/C 82/49)
Language of the case: French

Parties


Applicants: Ludwig Schubert (Overijse, Belgium) and the six other applicants whose names are annexed to the judgment (represented by: C. Bernard-Glanz, N. Flandin and S. Rodrigues, lawyers)

Defendant: European Commission (represented initially by: J. Currall and G. Gattinara, and subsequently G. Gattinara and L. Radu Bouyon, acting as Agents)

Interveners in support of the defendant: European Parliament (represented by: E. Taneva and M. Ecker, acting as Agents); and Council of the European Union (represented initially by: M. Bauer and M. Veiga, and subsequently M. Bauer and R. Meyer, acting as Agents),

Re:

Action under Article 270 TFEU for (i) annulment of the decisions of the Commission to apply to the applicants’ salaries or pensions the adjustment of 0 % for 2011, provided for by 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 adjustment of 0,8 % for 2012, provided for by 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 (ii) 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 action;










2.


Orders the applicants to bear their own costs and to pay those incurred by the European Commission;










3.


Orders the Council of the European Union and the European Parliament to bear their own respective costs.






(1)  OJ C 96, 23.3.2015 (case initially registered before the European Union Civil Service Tribunal under Case No F-4/15 and transferred to the General Court of the European Union on 1.9.2016).