CELEX: 62016TA0743(01)
Language: en
Date: 2021-11-24 00:00:00
Title: Case T-743/16 RENV II: Judgment of the General Court of 24 November 2021 — CX v Commission (Civil service — Officials — Disciplinary measure — Removal from post — OLAF investigation — Unauthorised and clandestine negotiation of a contract — Conflict of interests — Certification of a non-compliant invoice — Rights of the defence — Right to be heard — Repeated absence of the applicant and his lawyer from the disciplinary hearing — Legal certainty — Legitimate expectations — Proportionality — Reasonable time — Principle ne bis in idem — Manifest error of assessment — Obligation to state reasons)

24.1.2022   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 37/25
            
         
      Judgment of the General Court of 24 November 2021 — CX v Commission
      (Case T-743/16 RENV II) (1)
      
      (Civil service - Officials - Disciplinary measure - Removal from post - OLAF investigation - Unauthorised and clandestine negotiation of a contract - Conflict of interests - Certification of a non-compliant invoice - Rights of the defence - Right to be heard - Repeated absence of the applicant and his lawyer from the disciplinary hearing - Legal certainty - Legitimate expectations - Proportionality - Reasonable time - Principle ne bis in idem - Manifest error of assessment - Obligation to state reasons)
      (2022/C 37/33)
      Language of the case: French
      
         Parties
      
      
         Applicant: CX (represented by: É. Boigelot, lawyer)
      
         Defendant: European Commission (represented by: T. Bohr and C. Ehrbar, acting as Agents)
      
         Re:
      
      Action pursuant to Article 270 TFEU seeking, first, annulment of Commission Decision of 16 October 2013 removing the applicant from his post without reduction of his entitlement to a retirement pension and, second, compensation for the harm allegedly suffered by the applicant on account of that decision.
      
         Operative part of the judgment
      
      The Court:
      
                  1.
               
               
                  Dismisses the action;
               
            
                  2.
               
               
                  Orders CX to bear his own costs and to pay those of the European Commission relating to the present proceedings and to the proceedings in Cases F-5/14 R, F-5/14, T-493/15 P, T-743/16 RENV and C-131/19 P.
               
            
         (1)  OJ C 85, 22.3.2014 (case initially registered before the Civil Service Tribunal of the European Union under number F-5/14 and transferred to the General Court of the European Union on 1.9.2016).