CELEX: 62017TA0169
Language: en
Date: 2019-03-05 00:00:00
Title: Case T-169/17: Judgment of the General Court of 5 March 2019 — Pethke v EUIPO (Civil Service — Officials — Assignment — Reassignment of a Head of Service to a post of principal administrator — Article 7(1) of the Staff Regulations — Interests of the service — Equivalence of posts — Discrimination on grounds of sex — Proportionality — Action for damages — Inadmissibility — Failure to comply with the pre-litigation procedure)

15.4.2019   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 139/46
            
         
      Judgment of the General Court of 5 March 2019 — Pethke v EUIPO
      (Case T-169/17) (1)
      
      (Civil Service - Officials - Assignment - Reassignment of a Head of Service to a post of principal administrator - Article 7(1) of the Staff Regulations - Interests of the service - Equivalence of posts - Discrimination on grounds of sex - Proportionality - Action for damages - Inadmissibility - Failure to comply with the pre-litigation procedure)
      (2019/C 139/45)
      Language of the case: German
      
         Parties
      
      
         Applicant: Ralph Pethke (Alicante, Spain) (represented by: H. Tettenborn, lawyer)
      
         Defendant: European Union Intellectual Property Office (represented by: A. Lukošiūtė, acting as Agent, and by B. Wägenbaur, lawyer)
      
         Re:
      
      Action brought under Article 270 TFEU seeking, first, annulment of the decision of the Executive Director of EUIPO of 17 October 2016 changing the assignment of the applicant from the post of director of the ‘Operations’ department to a post in the EUIPO ‘Observatory’ department and, secondly, compensation for the damage allegedly suffered by the applicant.
      
         Operative part of the judgment
      
      The Court:
      
                  1.
               
               
                  
                     Dismisses the action.
                  
               
            
                  2.
               
               
                  
                     Orders Mr Ralph Pethke to bear his own costs and to pay those incurred by the European Union Intellectual Property Office (EUIPO).
                  
               
            
         (1)  OJ C 151, 15.5.2017.