CELEX: 62015TN0026
Language: en
Date: 2015-01-20 00:00:00
Title: Case T-26/15 P: Appeal brought on 20 January 2015 by European Commission against the judgment of the Civil Service Tribunal of 13 November 2014 in Case F-2/12, Hristov v Commission and EMA

13.4.2015   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 118/32
            
         Appeal brought on 20 January 2015 by European Commission against the judgment of the Civil Service Tribunal of 13 November 2014 in Case F-2/12, Hristov v Commission and EMA
   (Case T-26/15 P)
   (2015/C 118/40)
   Language of the case: Bulgarian
   
      Parties
   
   
      Appellant: European Commission (represented by J. Currall, N. Nikolova and S. Petrova)
   
      Other parties to the proceedings: Emil Hristov, European Medicines Agency (EMA)
   
      Form of order sought by the appellant
   
   The appellant claims that the Court should:
   
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               set aside the judgment of the European Civil Service Tribunal of 13 November 2014 in Case F-2/12 Hristov v Commission and EMA,
            
         
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               refer the case back to the Civil Service Tribunal, for a ruling on the other pleas in support of the appeal,
            
         
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               reserve the costs of the appeal.
            
         
      Pleas in law and main arguments
   
   In support of the appeal, the appellant relies on three pleas in law:
   
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               the Civil Service Tribunal infringed EU law by attributing to the principle of good administration a scope which it does not have;
            
         
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               in the alternative, the Civil Service Tribunal infringed the principle of proportionality by failing to determine, before making the annulment, whether the failure to observe the principle of good administration could have affected the contents of the contested decision;
            
         
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               in the further alternative, the Civil Service Tribunal, in any event, infringed EU law by failing to balance the respective interests and failing to limit the effects of its judgments.